HomeMy WebLinkAboutPD Background Report (PL-SPP-2024-000079)
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BSPACESPPAmend.6.5.25
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
BACKGROUND REPORT
HAWAIʻI VOLCANO CIRCUS
AMEND SPECIAL PERMIT NO. 1122 (PL-SPP-2024-000079)
HAWAIʻI VOLCANO CIRCUS has submitted an application to increase the Special Permit
area from 2.5 to 3.1 acres, and to amend Condition 3 (Time to Complete Construction),
Condition 4 (Time to Secure Building Permits), and Condition 5 (Public Performance
Restrictions) of Special Permit No. 1122, which allowed the establishment of the Seaview
Performing Arts Center for Education (SPACE) on approximately 2.5 acres of land situated in
the State Land Use Agricultural District. The proposed amendments reflect the Special Permit
Area increase and expands the scope of permitted educational and community uses to support
long-term campus operations, including the establishment of a K–6 public charter school,
agricultural education and workshops, resilience training, circus arts-based youth development,
and quarterly community events. The subject property is located at 12-253 West Pohakupele
Loop, directly southwest of its intersection with Kehauopuna Street, Por. Keauohana-Kehena-
Keekee Homestead, Puna, Hawaiʻi, TMK: (3) 1-2-009:034 (formerly part of TMK:
(3) 1-2-038:050).
PROPOSED ACTION
1. Applicant’s Request: The applicant is requesting an amendment to Condition 3 (Time to
Complete Construction), and to delete Condition 4 (Time to Secure Building Permits),
and Condition 5 (Public Performance Restrictions) of Special Permit No. 2001-000013
(Special Permit No. 1122) to read as follows:
▪ Condition 3: [The performing arts educational center shall be established within
five (5) years from the effective date of this permit.] Prior to establishing [this]
any new use and/or structure allowed by this permit, the applicant shall secure
Final Plan Approval from the Planning Director in accordance with the Zoning
Code, Sections 25-2-71(f), 25-2-72, 25-2-76 and 25-2-77. Plans shall identify all
existing and proposed structures, fire protection measures, parking areas, access
roadways and landscaping (along the proposed development area and access
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driveway) associated with the proposed use. The applicant shall notify the
Planning Department, in writing, of the completion of required improvements
prior to commencing operation of the proposed [center] uses or structures.
▪ Condition 4: [4. The applicant shall secure building permits, for all existing farm
dwellings/buildings, on the remainder of the property within one (1) year from the
effective date of this permit.]
▪ Condition 5: [5. No public performances shall be allowed on the subject
property.]
In addition to these amendments, Hawai‘i Volcano Circus (HVC) requests to amend
Special Permit No. 1122 to reflect the evolution of the Seaview Performing Arts Center
for Education (SPACE) and its expanded mission. The proposed amendment includes
updating the Special Permit area and broadening the scope of permitted uses to support
ongoing community programming. Key components of the amendment include:
▪ Update the Special Permit area to reflect the subdivision of the original 10-acre
parcel (Parcel 50) into the 3.13-acre parcel which fully contains the SPACE
campus; and
▪ Expand permitted uses to include the following:
o Out On A Limb: Community agriculture education through micro-farm tours,
fruit gleaning, and garden-based workshops;
o Seaview Community School: A K–6 public charter school operated under the
Hawai‘i Academy of Arts and Science (HAAS), blending distance learning
and in-person enrichment for approximately 55 students;
o SPACE Resilience Hub: Disaster preparedness and resilience programming in
partnership with Vibrant Hawai‘i and Urban Sustainability Directors Network
(USDN);
o HICCUP (Hawai‘i Island Community Circus Unity Program): Ongoing circus
arts instruction supporting youth development and community engagement.
2. Representation of the Original Proposed Request: The original Special Permit No.
1122 supported HVC’s request to establish a performing arts educational center on 2.5
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acres of a 10-acre lot. The mission of HVC was described as promoting the healthy
development of children and the broader community through circus arts. At that time,
HVC had operated for over 15 years, providing enrichment programs such as “Juggling
for Success” in public schools and producing community-based performances through the
HICCUP Children’s Circus. Programs emphasized youth development, self-esteem and
coordination, and were conducted in schools, libraries, churches, festivals, and fairs
throughout Hawai‘i Island and Kaua‘i. The Special Permit application cited the need for a
dedicated, on-site training center to support these performing arts educational programs,
particularly to serve the underserved Puna District. The proposed facility included a
rehearsal pavilion, administrative offices, and supporting infrastructure, while
maintaining ongoing agricultural activity on the remaining acreage. At the time, the
applicant stated that they would not be presenting public performances on the subject
parcel and that any educational uses proposed would need to be associated with
performing arts in some manner.
3. Purpose for the Request: The purpose of the proposed amendment is to align the
existing Special Permit with SPACE’s expanded educational and community-based
mission. Originally permitted as a performing arts educational center, the facility now
supports a broader range of uses, including charter school programming, agricultural
education, disaster preparedness training, and youth development activities. The
amendment will formalize these uses, ensure regulatory compliance, and support
continued operations into the future.
4. Staffing/Employees: SPACE currently employs approximately 30 individuals. During
school hours, there are typically 10 to 15 support staff members on site, with 2 to 3
support staff present during after-school programs.
5. Hours of Operation: SPACE operates seven days a week from 8:00 a.m. to 9:00 p.m.
All classes conclude by 8:00 p.m., allowing for site cleanup and closure by 9:00 p.m.
▪ Charter School: Operates Monday–Friday, 8:00 a.m.–3:00 p.m. under a distance-
learning model with limited on-campus attendance (approximately 15 students at
a time).
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▪ After-School Programs: Monday–Friday, 3:00 p.m.–9:00 p.m., and weekends,
8:00 a.m.–9:00 p.m., serving up to 50 students and approximate 2 or 3 support
staff.
▪ School Holidays: Camps operate daily, 8:00 a.m. to 9:00 p.m., serving up to 40
students and 10 support staff.
▪ Community Events: Quarterly events (recitals, fairs, fundraisers) serve an
estimated 50-75 attendees per event, with a total annual attendance of
approximately 200 to 300 participants.
6. Project Timetable and Cost: Upon approval of the Special Permit amendment, the
applicant will seek Final Plan Approval and begin implementation of permitted uses
within one (1) year, subject to any conditions imposed by the Windward Planning
Commission. The applicant requests a commencement window of up to five (5) years
from the date of permit approval to accommodate potential agency requirements.
7. Landowners: The property is owned by the Village Green Society Ltd., a Hawai‘i-based
nonprofit landholding entity affiliated with the applicant.
8. Supportive Information: The applicants have submitted the attached in support of the
request (Planning Department Exhibit 1 – Special Permit Amendment Request dated
April 2, 2025.)
BACKGROUND INFORMATION
8. September 21, 2001: The Planning Commission voted to approved SPP 1122 to allow
the establishment of a performing arts educational center on 2.5 acres in the State Land
Use Agricultural District.
9. November 4, 2010: The Planning Department responded to a request from SPACE. to
allow six public performances through April 2011. The Department denied the request,
citing non-compliance with SPP 1122, which explicitly prohibited public performances
on the property. The Planning Director determined that an amendment to the permit
would be required before any performances could be allowed.
10. August 9, 2011: The Planning Department addressed two complaints regarding SPACE:
(1) a June 3, 2011 public ceremony, which was determined not to violate Condition No. 5
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of SPP 1122 (No Public Performances); and (2) unpermitted structures blocking the fire
lane and a potentially unpermitted sign. Permit amendment efforts were underway to
address these compliance issues.
11. April 5, 2012: The Planning Department issued a formal Notice of Non-Compliance and
initiated revocation proceedings for SPP 1122 due to continued unauthorized activities
(including the farmers' market and various events) on the property. SPACE was ordered
to appear before the Windward Planning Commission.
12. May 11, 2012: The Windward Planning Commission considered the Planning Director’s
request to revoke SPP 1122. The Commission voted to defer the revocation proceedings
until its December 6, 2012 meeting to give the applicant an opportunity to submit an
application to amend the special permit. During this time, the applicant was required to
comply with all existing conditions of SPP 1122.
13. December 6, 2012: The continued hearing regarding non-compliance with conditions of
approval of SPP 1122 and revocation proceedings was held before the Windward
Planning Commission. A motion to continue the hearing did not pass (3 ayes, 1 no). The
Planning Director determined that the hearing would be further continued to coincide
with a future hearing regarding the applicant’s proposed amendment to SPP 1122.
14. February 6, 2013: The Planning Department issued a warning to SPACE regarding
repeated complaints of off-site parking along subdivision roads by patrons of the farmers’
market. While temporary operation of the market was allowed pending the Special Permit
amendment, this allowance required all market parking to be on-site. Continued off-site
parking violations could lead to a notice of non-compliance and potential action on SPP
1122.
15. October 27, 2014: The Planning Department advised SPACE that the revocation of SPP
1122 remained pending due to unresolved unpermitted structures and a deficient Traffic
Impact Analysis Report (TIAR). Three options were offered: voluntary permit
revocation, continuation under the original permit with a time extension and compliance,
or resubmittal of an acceptable TIAR and Traffic Management Plan to proceed with the
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amendment. The Department stated it would move forward with the revocation if no
response was received within two weeks.
16. December 30, 2014: In response to a December 7, 2014 request, the Planning
Department granted a six-month extension (until June 7, 2015) to allow SPACE to
withdraw the pending amendment and submit a revised one. The Department reiterated
that the revised amendment must include a time extension for Condition No. 4, a $250
filing fee, and updated compliance information, including the status of unpermitted
structures. Because the property had not been subdivided or converted to CPR, the permit
would continue to apply to the entire parcel. A site inspection would be required, and
failure to comply could result in the return of revocation proceedings to the Commission.
17. September 9, 2023: The Planning Director approved Subdivision PL-SUB-2023-000170
which subdivided the original 10-acre parcel into two properties, including the subject
3.13-acre parcel now solely containing the SPACE campus.
18. 2024: Under new leadership, Hawai‘i Volcano Circus submitted the current application
to amend SPP 1122, requesting to expand permitted uses, update the affected permit area
to reflect the subdivision, and resolve prior compliance issues.
STATE, COUNTY & COMMUNITY PLANS
19. State Land Use District: Agricultural.
20. General Plan LUPAG Map Designation: Most of the property is designated Extensive
Agriculture (ea). A small portion at the northwest corner is designated as Important
Agricultural Lands (ial), while a portion to the northeast is designated as Rural (rur).
21. County Zoning: Agricultural-3 acres (A-3a).
22. Puna Community Development Plan (HCDP): The subject parcel is within the Puna
Community Development Plan which was adopted by the Hawaiʻi County Council by
Ordinance No. 08-116 on September 10, 2008, and amended on November 4, 2010, by
Ordinance No. 10-104; on June 8, 2011, by Ordinance Nos. 11-51, 11-52, & 11-53; and
on December 6, 2011, by Ordinance Nos. 11-117 & 11-118.
23. Special Management Area (SMA): The subject property is not situated within the SMA
and is located approximately 0.85 miles away from the nearest shoreline.
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DESCRIPTION OF PROPERTY AND SURROUNDING AREA
24. Subject Property: The subject property has an irregular, flag-shaped configuration,
consisting of a narrow access corridor or “flagpole” extending from the main body of the
parcel. The main portion of the lot is situated behind and to the west of the adjacent
subdivision area along West Pohakupele Loop, and has a blocky, L-shaped form with
angular extensions along its boundaries. This configuration is typical of flag lots, where
access to a landlocked interior parcel is provided via a narrow strip of land connecting it
to a public roadway. The subject parcel is currently improved with the following:
▪ BP# B2007-1279H: Construction of a new performance art training pavilion,
including office space, storage, restrooms, and a janitor’s closet. Completed on
April 23, 2008.
▪ BP# B2007-0649H: Construction of a 35' x 72' greenhouse. Completed on May
31, 2007.
There is also an existing agricultural shed located in the northwestern corner of the
property. However, the shed is not associated with the school’s operations. It remained on
the property following the subdivision of the land, as the subject parcel was required to
meet the minimum lot area of three acres. The Applicant has indicated that the shed
actually belongs to the adjoining parcel, and that there is an agreement allowing it to
remain on the subject parcel. However, the shed is not a permitted structure on the
subject parcel and may be removed at any time.
25. Surrounding Land Uses/Zoning: The subject property and surrounding lands are all
zoned Agricultural-3 acres (A-3a) by the County and designated Agricultural by the State
Land Use Commission. The area is characterized by scattered farm dwellings,
agricultural uses, and vacant lands on similarly zoned A-3a parcels. To the northwest, the
remainder of the original 10-acre parent parcel, also owned by the Village Green Society,
is occupied by agricultural farm dwellings. Single-family dwellings are scattered across
parcels to the north, west, and south of the subject property. To the east and northeast lies
the Kalapana Seaview Estates Subdivision, which contains over 900 residential lots
ranging in size from approximately 7,500 to over 10,000 square feet. Immediately to the
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south and southwest of the property is a large, vacant 60-acre parcel owned by the State
of Hawaiʻi.
26. ALISH: Unclassified.
27. Land Study Bureau’s Detailed Land Classification System: The land Study Bureau
overall Master Productivity Rating classifies the soils within the area as “E” or “Very
Poor” for agricultural productivity.
28. US Soil Survey: The site consists primarily of ʻAʻā lava flows (rLv), which have
minimal soil cover and are largely barren of vegetation. Portions of the site also contain
Malama extremely cobbly, highly decomposed plant material on dry slopes ranging from
2 to 40 percent.
29. Flood Zone: Flood Zone X, which is the area determined to be outside the 500-year
flood zone.
30. Flora/Fauna Resources: No professional surveys were conducted of the flora/fauna
resources on the subject property due to its extensively improved condition as an
educational facility with extensive support facilities, landscaping, and agricultural
activities. Given the property’s long-standing campus development and proximity to
residential areas, it is unlikely to impact any sensitive plant or animal life.
31. Archaeological/Cultural/Historical Resources: No formal archaeological studies have
been conducted upon the Project Site due to its extensively altered and improved nature.
A letter from the State Historic Preservation Division (SHPD) dated June 12, 2025,
determined that no historic properties would likely be affected by the existing or
proposed uses of the site. However, as a precaution, the applicant has committed to
ceasing work and notifying the SHPD and County authorities if any inadvertent
discoveries of archaeological or cultural significance are made during future land
disturbance activities.
32. Valued Cultural Resources: There have been no identified traditional or customary
Native Hawaiian rights exercised on the subject property, nor are there any known valued
cultural or native resources in the area. The applicant states that no customary or Native
Hawaiian cultural practices are occurring on the property or adjoining lands. The site is
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highly disturbed and cultivated, lacking archaeological features or natural resources
important for gathering. The property is not near the shoreline, so marine gathering is not
an issue. The applicant is committed to respecting any gathering claims that may arise.
33. Public Access: There is no known public access to the mountains or the shoreline that
traverses the property.
UTILITIES AND SERVICES
34. Access: Access to the subject property is from Kapoho-Kalapana Road (State Highway
137), via Mapuana Street, the primary entry road into Kalapana Seaview Estates. From
Mapuana Street, access continues left onto Kehauopuna Street, and then to West
Pohakupele Loop, where the subject property is located. The total travel distance from
Highway 137 to the subject property is approximately one (1) mile. Roads within
Kalapana Seaview Estates are owned and maintained by the County, with a pavement
width of approximately 20 feet and grassed shoulders.
35. Water: The subject property, like others in the area, is not served by the County
Department of Water Supply. Potable water is hauled to the site and stored in a 4,000-
gallon tank for drinking and domestic use. Non-potable needs, such as restrooms,
landscaping, cleaning, and fire suppression are met by two on-site storage tanks with
10,000- and 15,000-gallon capacities. This self-sufficient water system has reliably
supported campus operations for over 16 years.
36. Traffic: A Traffic Impact Analysis Report (TIAR) was not required, as anticipated traffic
remains below the 50 peak-hour trip threshold. Daily traffic is minimal, with an estimated
15 peak-hour trips during public charter school hours (Monday–Friday, 8:00 a.m.–3:00
p.m.) and 12 peak-hour trips during after-school programs and weekend workshops.
Winter and summer camps generate up to 18 peak-hour trips, while quarterly events such
as recitals and resource fairs are projected to generate 43–48 peak-hour trips. Most
students are local and either walk, bike, or unicycle to campus, and in-person attendance
is staggered due to the distance-learning model. For quarterly events, the applicant has
submitted a Traffic Management Plan (Planning Department Exhibit 2), including on-
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site parking for up to 118 vehicles, traffic control by trained personnel, a prohibition on
on-street parking, and neighbor coordination.
37. Wastewater: Wastewater is treated by an on-site individual wastewater treatment system
(IWTS), which has adequately served the facility and is expected to meet future needs.
No modifications are proposed at this time. The applicant will continue to comply with
State Department of Health regulations and coordinate with agencies if upgrades become
necessary.
38. Solid Waste: Solid waste from existing and proposed operations will be handled by
commercial disposal services, as nonprofit use of County transfer stations is not
permitted. Green waste will continue to be composted on-site. Any construction debris
will be taken to the Hilo Sanitary Landfill, with reuse of materials encouraged where
feasible.
39. Utilities and Services: All electrical services will be provided by solar energy.
Telephone and other services are available to the project site. Police, medical and fire
services are located 15 miles away and staff are trained in adult and pediatric first aid.
AGENCY COMMENTS
40. Department of Public Works – Engineering Division (Planning Department Exhibit 3 –
July 3, 2025 Email)
41. Department of Public Works – Building Division (Planning Department Exhibit 4 –
June 17, 2025 Memo)
42. Department of Environmental Management (Planning Department Exhibit 5 - May 27,
2025 Memo)
43. Police Department (Planning Department Exhibit 6 – May 30, 2025)
44. Department of Water Supply (Planning Department Exhibit 7 – June 17, 2025 Memo)
45. State Department of Health (Planning Department Exhibit 8 - May 27, 2025 Memo)
46. State Department of Health – Wastewater Branch (Planning Department Exhibit 9 -
June 6, 2025 Email)
47. State Department of Land and Natural Resources – Historic Preservation Division
(Planning Department Exhibit 10 – June 12, 2025 Memo)
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48. State Department of Land and Natural Resources – Division of Forestry and Wildlife
(Planning Department Exhibit 11 – July 9, 2025 Memo)
49. State Department of Land and Natural Resources – Engineering Division (Planning
Department Exhibit 12 – May 23, 2025 Memo)
AGENCIES - NO COMMENT OR OBJECTIONS
50. State Office of Planning and Sustainable Development; State Department of Land and
Natural Resources – Land Division.
AGENCIES – NO RESPONSE
51. Department of Public Works – Engineering Division; Department of Public Works –
Traffic Division; Fire; Land Use Commission; Department of Agriculture; Kalapana
Seaview Community Association.
APPLICANTS RESPONSE
52. Letter from Daryn Arai dated June 18, 2025 (Planning Department Exhibit 13 – June
18, 2025 Letter)
53. Letter from Daryn Arai dated June 30, 2025 (Planning Department Exhibit 14 – June
30, 2025 Letter)
PUBLIC COMMENTS
54. Testimony from Lorn Douglas dated March 7, 2025 (Planning Department Exhibit 15
– March 7, 2025 Email)
55. Testimony from Graham Ellis dated August 3, 2025 (Planning Department Exhibit 16
– August 3, 2025 Email)
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN.ARAI@OUTLOOK.COM
April 2, 2025
Mr. Jeffrey Darrow, Planning Director
County of Hawaiʻi Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Darrow:
Subject: Amendment to Special Permit No. 1122
Applicant: Hawaiʻi’s Volcano Circus
Request: To allow educational and outreach programs and services at existing
Seaview Performing Arts Center for Education (SPACE)
TMK: 1-2-009: 034; Keekee-Kehena, Puna
Accompanying this letter, we present for your consideration and processing before the
Windward Planning Commission a request by Hawaiʻi’s Volcano Circus to amend Special
Permit No. 1122 to allow for educational and outreach programs at the existing Seaview
Performing Arts Center for Education (SPACE) located on 3.13-acres of land adjacent to the
southwest of the Kalapana Seaview Estates in the Puna District.
Pursuant to your application requirements to be filed via the EPIC system, please find
accompanying this letter the following:
a.Letter of Authorization
b.Supporting Information report regarding amendment request; and
c.List of the surrounding property owners within 500 feet of the subject property.
Should you have questions on this matter, please feel free to contact me. Thank you very
much.
Sincerely,
Daryn Arai
Enclosures
copy w/enclosures via email: Hawaiʻi’s Volcano Circus
Prepared by: Daryn Arai, Planning Consultant
April 2025
Tax Map Key (3) 1-2-009:034
(formerly part of TMK: 1-2-038:050)
Keekee Homestead, Puna District
Hawaiʻi Island
Amendment to Special Permit No. 1122
(SPP 01-000013)
Applicant: Hawaiʻi’s Volcano Circus
Prepared by: Daryn Arai, Planning Consultant
April 2025
Tax Map Key (3) 1-2-009:034
(formerly part of TMK: 1-2-038:050)
Keekee Homestead, Puna District
Hawaiʻi Island
Amendment to Special Permit No. 1122
(SPP 01-000013)
Applicant: Hawaiʻi’s Volcano Circus
SUPPORTING INFORMATION
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SUPPORTING INFORMATION
REGARDING AMENDMENT TO SPECIAL PERMIT NO. 1122 (SPP 01-000013)
HAWAIʻI’S VOLCANO CIRCUS
Affecting Tax Map Keys (3) 1-2-009: 034 (also formerly a part of TMK: 1-2-038:050)
Keekee Homestead, Puna
A. LOCATION OF PROJECT SITE AND LANDOWNERSHIP
1. Applicant’s Request
The Applicant, Hawaiʻi’s Volcano Circus (HVC), is requesting an amendment to Special Permit
No. 1122 to allow for educational and outreach programs that extend beyond the performing
arts curriculum offered by the Seaview Performing Arts Center for Education (SPACE) as
approved by Special Permit No. 1122 issued on September 21, 2001. Such proposed programs
primarily include a public charter school, as well as outreach programs and services that help
to improve conditions in the broader community by engaging and connecting youth and
adults in cultural, artistic and agricultural activities that foster social cohesion.
2. Location of Project Site
The subject property, consisting of 3.13-acres, is located within and adjacent (west) to the
Kalapana Seaview Estates Subdivision, near the intersection of West Pohakupele Loop and
Kehauopuna Street in the District of Puna as shown below on Figure 1-Regional Location Map
and Figure 2-Vicinity Map below.
Figure 1 – Regional Location Map
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Figure 2 - Vicinity Map
3. Landownership
The subject property is owned by The Village Green Society Ltd., a Hawaiʻi-registered
501(c)(2) domestic non-profit organization, which holds title to the subject property,
collects income therefrom, and turn over proceeds thereof, less expenses, to Hawaiʻi’s
Volcano Circus Ltd. Hawaii’s Volcano Circus (HVC), a 501(c)(3) non-profit organization,
was founded in 1984 to provide quality educational, culture and arts enrichment
programs in Puna Makai.
B. STATEMENT OF OBJECTIVES AND PROJECT OPERATIONAL DETAILS
1. Statement of Objectives and reasons for the request
The Applicant is requesting an amendment to Special Permit No. 1122, to:
a) allow for the amendment of the affected area to reflect the recent subdivision of the
parent property. Special Permit No. 1122 (see attached Exhibit A) allowed for SPACE to
utilize 2.5-acres of land within a larger approximately 10-acre project site consisting of two
(2) separate properties. This 2.5-acre project site was incorporated into a 3.13-acre
property (Parcel 34) from a recent subdivision of the 10-acre parent property identified as
Parcel 50 (see Exhibit B – PL-SUB-2023-000170).
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b) allow for educational uses and outreach services and facilities beyond the original scope
that centered around a performing arts educational center that offered afterschool and
summer programs training children in fun circus skills such as juggling, unicycling, stilt-
walking, acrobatics and music. Through this amendment request, SPACE wishes to offer a
full range of educational programs and services centered around arts, culture,
performance, agriculture and business incubation. Some of these expanded programs will
include:
o Out On A Limb: a multi-pronged community agriculture program that offers
workshops on food cultivation and fruit tree care, such as organizing and conducting
Micro Farm tours in the neighborhood so novices can learn from local experts.
Another is a gleaning program, where homeowners can donate tree crops, and
volunteers pick the fruit and distribute it in the community where 25% of families live
below the poverty line. With the help of volunteers and other organizations,
community gardens have also been established at SPACE, with monthly work parties
and harvests with families in the community.
o Seaview Community School: Establish a K-6 public charter school program on the
SPACE campus from Monday through Friday, and administered under the umbrella of
HAAS (Hawaiʻi Academy of Arts and Science). This school will be the only educational
facility below the volcanic rift zone, and without this opportunity many kids would be
homeschooled or unschooled. There are no public buses that take kids to the main
HAAS campus and without this school on the SPACE campus, parents would spend
approximately 2 hours a day driving their kids back and forth to other area schools.
This public charter school will offer core curriculum as well as elective classes in
STEAM, music, gardening, art, Hawaiian studies, hula, photography, film, science and
circus arts as well as providing a place of employment for over 15 individuals.
o SPACE Resilience Hub and Red Road Resilience Working Group: A group of community
members that educate and train for disaster preparedness and is a part of Vibrant
Hawaiʻi and the USDN Resilience Hub Network. They meet throughout the year with
island-wide organizations to build a stronger island network and host Resilience Fairs
feeding hundreds of people and sharing resource opportunities.
o Hawaii Island Community Circus Unity Program (HICCUP): This program promotes the
healthy development of children and the community through the time-honored skills
of circus arts. Participants learn self-discipline, gain self-confidence, and build
resilience as a team. They perform for community events and bring workshops locally
to the greater Puna area as well as on several neighbor islands. They have taught
workshops in most of the public schools on the island of Hawaiʻi since 1984.
c) Amend conditions of approval of Special Permit No. 1122 to accommodate the expanded
curriculum proposed by SPACE, as reflected below with associated reasonings for the
requested amendments (material to be deleted is bracketed and struck-out, added
material is underscored-Applicant’s commentary noted in RED):
1. The applicant, successor or assigns shall be responsible for complying with all stated
conditions of approval.
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2. The project shall be developed in substantial compliance with representations made
by the applicant.
3. [The performing arts educational center shall be established within five (5) years
from the effective date of this permit. ]Prior to establishing [this]any new use and/or
structure allowed by this permit, the applicant shall secure Final Plan Approval from
the Planning Director in accordance with the Zoning Code, Sections 25-2-71(f), 25-2-
72, 25-2-76 and 25-2-77. Plans shall identify all existing and proposed structures, fire
protection measures, parking areas, access roadways and landscaping (along the
proposed development area and access driveway) associated with the proposed use.
The applicant shall notify the Planning Department, in writing, of the completion of
required improvements prior to commencing operation of the proposed [center]uses
or structures.
The performing arts educational center has been long established on the subject
property. The requested amendments will focus on new uses and/or structures
necessary to accommodate the expanded programs and services to be offered by the
Applicant.
[4. The applicant shall secure building permits, for all existing farm dwellings/buildings,
on the remainder of the property within one (1) year from the effective date of this
permit.]
All existing buildings within the subject property have been properly permitted and
approved by the County.
[5. No public performances shall be allowed on the subject property.]
Applicant is concerned that Condition 5, as written, is overly restrictive and will
create confusion for typical activities associated with any educational facility, such as
school recitals, resource fairs and fundraisers. The Applicant requests relief from this
condition so as to allow for these quarterly events that benefit the students, their
parents and the surrounding community.
[6]4. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be encountered,
work in the immediate area shall cease and the Department of Land and Natural
Resources-State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from the
DLNR-SHPD when it finds that sufficient mitigative measures have been taken.
[7]5. Comply with all other applicable laws, rules, regulations and requirements of the
affected government agencies for the proposed use, including the Department of
Health requirements.
[8]6. If the applicant fails to comply with the conditions of approval or causes complaint(s)
relating to any interference or nuisance and is unable to resolve them with the
surrounding community, the Planning Director shall investigate and, if necessary,
suspend the permit. The Planning Director shall then refer the matter to the Planning
Commission to revoke the permit. Upon appropriate findings by the Planning
Commission, if the applicant fails to comply with the conditions of approval or has
caused any unreasonable interference or nuisance on the surrounding community,
the permit may be revoked.
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[9. An initial extension of time for the performance of conditions within the permit may
be granted by the Planning Director upon the following circumstances:
A. Non-performance is the result of conditions that could not have been foreseen or
are beyond the control of the applicant, successors, or assigns 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 the 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).]
As all performance deadlines have been previously satisfied by the Applicant, and
the Center operational, there is no need for any time extension opportunities.
2. History of the Seaview Performing Arts Center for Education (SPACE)
For over 16 years, Hawaiʻi’s Volcano Circus (HVC) via its 3-acre educational campus, the
Seaview Performing Arts Center for Education (SPACE) has provided enriching education, arts,
cultural, performance, agriculture, and business incubation programming and services to the
greater Lower Puna community and beyond.
Located at the heart of the Lower East Rift Zone – and despite significant damages to its
facilities and infrastructure – SPACE expanded its services and community engagement to
serve as an anchor to the individuals, families, and organizations who were directly affected
by the 2018 Kīlauea Eruption. Impacts to the community included: loss of homes, businesses,
and jobs in education, hospitality, and local agriculture operations.
Nestled within the close-knit neighborhood of Kalapana Seaview Estates, SPACE’s inspiring
and creative offerings have resulted in an expansive reach; serving the communities from
Pohoiki to Pāhoa, along Highways 130 and 137–locally known as the Red Road.
These major communities served by SPACE include but are not limited to: Kalapana, Pohoiki,
Black Sands, Opihikao, Seaview Estates, Puna Palisades, Kehena, Kikala Keokea (Hawaiian
Homelands), Leilani Estates, and Kaimu. In addition, SPACE serves smaller subdivisions and
some remote, independent homes that are not part of a formal community – and therefore,
represent a greater need for connectivity and resource sharing and distribution.
3. Applicant’s Mission Statement
Founded in 1984, and continuing to build a legacy nearly 40 years in the making, Hawaiʻi’s
Volcano Circus (HVC), provides quality educational, culture and arts enrichment programs in
Puna Makai.
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HVC’s non-profit mission is to engage creativity and natural and cultural resources to promote
sustainable community development on their 3-acre campus, the Seaview Performing Arts
Center for Education (SPACE). Through outreach programs and services, SPACE helps to
improve conditions in the broader Lower Puna community by engaging and connecting people
of all ages and at all stages of life, from keiki (children) to Kūpuna (elderly) in cultural, artistic,
and agricultural activities that foster social cohesion and resilience. The participation
statistics include:
● 55 students attend our Public Charter school 5 days a week.
● 70+ adults use SPACE for classes 7 days a week.
● 50+ children use SPACE after school programs and on weekends.
● Quarterly events, such as fairs and recitals, will be hosted in SPACE’s outdoor gardens
and in the pavilion. Pop up tents may be erected in the gardens during inclement
weather or for sun protection. These quarterly events are attended by approximately
200 to 300 people over the course of an entire year.
● 2000+ people are reached through the center’s outreach events.
HVC services a remote, rural community with the lowest income bracket in the state, with the
annual average income in Seaview being $18,611 (US Census). Many kids are home-schooled
and underserved in opportunities for physical and extracurricular activities. Hawaiʻi Island
residents experience the lowest rate of access to exercise for kids and teens in the entire
state.
SPACE serves many families in the ALICE category, senior residents living alone, veterans,
Hawaiian homeland recipients, people living on disability as well as many relying on low-
and/or fixed-incomes. All area residents must travel 25-45 minutes to Pāhoa or 45 minutes to
1.5 hours to Hilo for both basic and essential services.
While the organization was originally founded to support performing arts education and
physical and mental health, the increasing demand for programming has resulted in expansion
to include workshops and resource fairs in Disaster Preparedness, Agriculture, Visual and
Performing Arts, and Education – both in a “classroom” setting and utilizing the Greenhouse,
Playground, and outdoor gardens for hands-on experiences and practicum. Additionally, the
SPACE campus hosts a Public Charter School with 55 students from kindergarten to 6th grade.
The Applicant believes that their engagement of community through arts and education is a
tool for resilience in the face of isolation and disaster. Research on resilience and survival
after natural disasters increasingly validates the importance of social cohesion—the sense of
belonging and voluntary social participation of the members of society, and the bonds and
trust between individuals, communities, and institutions—in a community’s response and
recovery process.
Furthermore, the existence of SPACE and its programming creates economic opportunity in an
underserved community by providing access to these programs as well as to a Community
Resilience Hub in which to learn and grow. Additionally, SPACE serves as a place of
employment for over 30 individuals.
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SPACE hosted a farmer’s market for many years that paved the way for EBT to be used at
farmer’s markets. Lastly, SPACE gave startup opportunities that began at our farmers market
and developed into a number of successful and locally-renowned businesses such as: Tin
Shack Bakery, Nicoco, The Locavore Store, Bananarama Bakery, Big Island Booch, and Aerial
Arts Hawaiʻi. SPACE is dedicated to creating economic opportunity in a rural area without
many local jobs.
4. Proposed Project Operational Details (refer to Figure 3 – Site Plan and Figure 4 – Aerial Plan)
a. Existing facilities
1. Final Plan Approval for the center was issued on May 11, 2006.
2. Multi-purpose training and educational center (also referred to as “SPACE” on the site
plan and also as the “pavilion”), 3,200 square feet in gross floor area issued final
inspection on April 22, 2008 via BP-2007-1279H. Accommodates a teacher resource
room, administrative offices, storage and two bathroom facilities. Classes, community
meetings, cultural demonstrations, training sessions, workshops and program-related
events are held in this facility, with an occupancy limit of 50 people.
3. Greenhouse, approximately 3,200 square feet in size, used for agricultural activities
and equipment storage (BP No. 2007-0649H) with final inspection on May 31, 2007.
4. Potable water is transported to the subject property and stored on-site within a 4,000-
gallon plastic water tank. Two metal water storage tanks, capable of holding 10,000
and 15,000 gallons respectively, support the non-potable water needs for the center.
b. Proposed facilities
1. New teachers’ resource rooms, approximately 1,500 square feet in size, to be located
near multi-purpose training and education center, labeled as “PROPOSED
IMPROVEMENTS” on the site plan. The one-story resource rooms, totaling about 1,500
square feet, are used for storage, curriculum preparation and counseling by teachers.
2. Note that an “AG SHED” situated within the northwestern corner of the subject
property as shown on Figure 4-Aerial Plan was removed in late 2024.
c. Days and hours of operation
1. SPACE is open 7 days a week from 8am to 9pm. Classes and activities are required to
end by 8pm, allowing for an hour for clean up before the facility close at 9pm.
2. Specific activities, class schedules and times of classes will vary according to workshop
series, teachers, and whether or not the classes take place during the school semester
or school holidays. The below gives general idea of days and hours of operation.
3. During the school semester, public charter school will run on Mondays through
Fridays, from 8:00am to 3:00pm. School will serve up to 55 students. The school is a
distance learning program. Therefore, all of the children are never on campus at the
same time. The school provides the core curriculum that the parents do at home and
throughout the week they offer one on one teacher/parent/student meetings and
elective classes.
4. During the school semester, after-school programs will run 7 days a week: from
3:00pm to 9:00pm, Monday through Friday, and 8:00am to 9:00pm on Saturdays and
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Sundays. These after-school programs serve 50 students (most class sizes are between
6 to 16 students). SPACE also conducts community events like Student Recitals and
Resource Fairs (these could be called recitals/events/fundraisers/shows/etc.).
5. During the school holidays, after-school programs will run 7 days a week, between
8:00am to 9:00pm, Monday through Sunday. These after-school programs serve 50
students (most class sizes are between 6-16). For annual winter and summer camps,
the maximum number of people is 40 student participants and 10 support staff.
SPACE also conducts quarterly community events like Student Recitals and Resource
Fairs (these could be called recitals/events/fundraisers/shows/etc.).
6. After-school classes at SPACE include performance arts, visual arts, CPR training, yoga,
dance, disaster preparedness training, food cultivation and digital skills training.
7. After-school programs are open to both adults and/or keiki, with some classes
designed to include inter-generational community building, and others designed to
focus on specific age groups. Adults only ever partake in after-school classes at SPACE
8. Classes at SPACE take place in the pavilion. The SPACE gardens and greenhouse are
used by students to cultivate plants using skills learned in the classroom.
d. Support staff: about 10 support staff on-site during school hours, and 2 or 3 support staff
during the after-school programs.
Figure 3 – Site Plan
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Figure 4 – Aerial Plan
5. Project Timeframe
Upon approval of the amendment to the Special Permit, the Applicant will promptly apply for
Plan Approval, if deemed necessary, and commence proposed activities and associated
operations within one (1) year, depending on the scope of requirements the Applicant is
expected to satisfy as part of the Special Permit amendment, should it be granted. However,
the Applicant requests that any deadline to commence operations be at least five (5) years to
accommodate any requirements of the Windward Planning Commission.
D. LAND USE AND OTHER REGULATORY CONSIDERATIONS
1. General Plan Designation: Important Agricultural Lands
The County of Hawaiʻi General Plan is the policy document for the long-range comprehensive
development of the island of Hawaiʻi. The General Plan Land Use Pattern Allocation Guide
(LUPAG) map, as shown on Figure 5 – General Plan LUPAG Map, classifies the Subject Property
as Extensive Agricultural Lands, which are lands not classified as Important Agricultural Land.
These includes lands that are not capable of producing sustained, high agricultural yields
without the intensive application of modern farming methods and technologies due to certain
physical constraints such as soil composition, slope, machine tillability and climate. Other less
intensive agricultural uses such as grazing and pasture may be included in the Extensive
Agriculture category.
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However, the General Plan also notes that, “Because of the scale of the Land use Pattern
Allocation Guide maps used to designate Important Agricultural Land, the location of these
lands should be verified by more detailed mapping when considering specific land use
decisions.”
Figure 5 – General Plan LUPAG Map
2. Puna Community Development Plan
The Puna Community Development Plan (Puna CDP), adopted by the Hawaii County Council
by Ordinance No. 08- 116 on September 10, 2008 and further amended in 2011, identifies the
preferred land use patterns for the Puna district. The Subject Property is not identified as
being situated within any village center nor an area recommended for protection due to the
absence of any historic, cultural or scenic resources.
The Puna CDP seeks to manage growth by: encouraging a more efficient, environmentally
sustainable land use pattern; reducing the number of and rearranging previously-approved
subdivision lots; requesting the County to change the zoning of lots now inappropriately
zoned for present and future use and growth; promoting agricultural use and other “green”
employment in the district; promoting the use of renewable energy; improving the delivery of
social services and housing assistance; and providing the necessary public services, parks and
recreation opportunities in a manner that supports community-building and an improved
quality of life.
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The Puna CDP does recommend a Neighborhood Village Center within proximity to the
Kalapana Seaview Estates to provide a limited range of services and amenities to this rural and
isolated community. It also notes that schools are an important social resource, serving not
only as educational institutions, but as de facto community centers and recreation areas in
rural areas where few other venues are available for meetings, events and organized or
informal sports. SPACE is currently recognized by the State of Hawaiʻi Department of
Business, Economic Development and Tourism (DBEDT) – Hawaiʻi Broadband and Digital
Equity as a “community anchor institute”, or “CAI”, that is described as a public school, a
public or multi-family housing authority, a library, a medical or healthcare provider, a
community college or other institution of higher education, a State library agency, and any
other nonprofit or governmental community support organization that serves as an important
alternative to having a broadband connection at home. The term “community anchor
institution” means an entity that facilitates greater use of broadband service.
3. State Land Use Designation: Agricultural
The Subject Property, as well as the broader area surrounding it, is situated within the State
Land Use Agricultural District (see Figure 6 – State Land Use), which includes lands for the
cultivation of crops, aquaculture, raising livestock, wind energy facility, timber cultivation,
agriculture-support activities and land with significant potential for agriculture uses. Uses
permitted in the highest productivity agricultural categories are governed by statute. Uses in
the lower-productivity categories – C, D, E or U – were established by the Land Use
Commission to include those uses allowed on A or B lands as well as those stated under
Section 205-4.5, Hawaiʻi Revised Statutes. Note that agricultural suitability of soils within the
Subject Property are considered as Class D or E, or Poor and Very Poor, respectively.
Figure 6 – State Land Use
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4. County Zoning: Agricultural-3 acres minimum lot size (A-3a)
The Agricultural (A) zoning district provides for agricultural and very low density agriculturally-
based residential use, encompassing rural areas of good to marginal agricultural and grazing
land, forest land, game habitats, and areas where urbanization is not found to be appropriate.
(See Figure 7 – Zoning)
Figure 7 – Zoning
5. Coastal Zone Management, HRS, Chapter 205A
The entire State of Hawaiʻi lies within the Coastal Zone Management area. The intent of the
Coastal Zone Management Program is to guide and regulate public and private uses in the
coastal zone management area with respect to recreational resources, historic resources,
public access to the shoreline, scenic and open space resources, coastal ecosystems, marine
resources, economic uses, coastal hazards, managing development, public participation, and
beach protection.
6. Special Management Area (SMA)
The Special Management Area is a part of the Coastal Zone Management Program that is
regulated by the County, established to promote the State’s policy to preserve, protect, and
where possible, to restore the natural resources of the coastal zone of Hawaiʻi. Therefore,
special controls on development within the area along the shoreline are necessary to avoid
permanent loss of valuable resources and the foreclosure of management options, and to
ensure that adequate public access is provided to public-owned or used beaches, recreation
areas, and natural reserves, by dedication or other means. The Subject Property is located
approximately 0.85 mile, or about 4,480 feet, from the nearest coastline and at least 0.75 mile
(3,900 feet) from the nearest SMA boundary.
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D. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
1. Subject Property
The Subject Property (see Figure 4 – Aerial Plan) has been extensively improved as the SPACE
campus, consisting of the educational center, greenhouse, gardens and extensive landscaping,
as well as support facilities like water catchment system, wastewater system and on-site
parking and driveways.
2. Surrounding Zoning/Land Uses
As reflected on Figure 7 – Zoning, the entire area that surrounds this particular section of
Keekee and Kehena is situated within an area zoned Agricultural-3 acres (A-3a) by the County
and designated Agricultural by the State Land Use Commission.
Adjacent to the northwest of the Subject Property is the remainder of the original parent 10-
acre property that once hosted the SPACE campus. This property remains under ownership of
the Village Green Society, Ltd., which also owns the Subject Property, and is currently
occupied by a number of agricultural farm dwellings.
Kalapana Seaview Estates lies adjacent to the east and northeast of the Subject Property,
consisting of over 900 single-family residential lots ranging in size between 7,500 and 10,000+
square feet.
Immediately adjacent to the south and southwest is a large, 60-acre parcel owned by the
State of Hawaiʻi that remains vacant of any known uses.
3. ALISH: Not classified
Soils within the Project Site are not classified by the Agricultural Lands of Importance to the
State of Hawaiʻi as shown on Figure 8 – ALISH below.
4. Land Study Bureau's Detailed Land Classification System: “D” (Poor) and “E” (Very Poor).
The soils within the Subject Property are classified as Class “D” or (Poor) and “E” (Very Poor)
for agricultural productivity as shown on Figure 9 – Land Study Bureau. All of the SPACE
facilities are situated on a 1955 lava flow represented by the Very Poor soil quality.
5. US Soil Survey: Aʻa Lava and Malama extremely cobbly highly decomposed plant material
Most of the soils within the Subject Property are as Aʻa lava flow, associated with the 1955
lava flow event. Within the northwest portion of the Subject Property are soils described as
Malama extremely cobbly highly decomposed plant material that consists of deep and very
deep, well drained soils consisting of organic material over fragmental Aʻa lava substrata at a
shallow depth. Malama soils are on low elevation, windward mountain slopes of Kilauea and
Haleakala volcanoes.
6. FIRM: Zone X
The Subject Property is designated within Zone "X" - determined to be outside the 500-year
flood plain. There are no known drainageways traversing through the subject property.
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Figure 8 – ALISH
Figure 9 – Land Study Bureau
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7. Flora/Fauna Resources
No professional surveys were conducted of the flora/fauna resources on the subject property
due to its extensively improved condition as an educational facility with extensive support
facilities and landscaping and agricultural activities. Therefore, the likelihood of any rare or
endangered species, habitat or flora within the Subject Property is highly unlikely.
8. Archaeological Resources
No formal archaeological studies have been conducted upon the Project Site due to its
extensively altered and improved nature. There are no known historic sites as listed on the
State or National Register of Historic Places. During any land disturbance activity, should
inadvertent discoveries be made, the Applicant will cease work and notify the Planning
Department and the Department of Land and Natural Resources-State Historic Preservation
Division (SHPD).
9. Cultural Practices or Native Gathering Rights
According to the Applicant, there are no known customary or Native Hawaiian cultural rights
exercised within the Subject Property. The Hawaiʻi State Supreme Court's "PASH" and "Ka
Paʻakai O Ka ʻAina" decisions require decision-makers to consider a project's impact to native
Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural,
historical, and natural resources and associated traditional and customary practices of this
area and the impact of this project to these resources and practices.
Given the that the Subject Property is absent of any archaeological features due to its
extensively disturbed and cultivated condition, it can also be reasonably concluded that native
Hawaiian cultural practices are not being exercised anywhere within the subject property.
There are no caves, springs, puʻu, native forest groves or other natural features. Therefore,
the Subject Property does not contain the quality of resources that would be important for
native gathering. The Subject Property is not adjacent and/or proximate to the shoreline,
therefore gathering of marine life and coastal access for Native Hawaiian gathering and fishing
rights is not an issue. The Applicant has never observed the Subject Property or adjoining
properties as being used by Native Hawaiians for the gathering of plants, nor have they been
informed of such activity. However, if a legitimate gathering claim is made by a Native
Hawaiian, the Applicant will work with the claimant to respect and honor such claims and
provide the needed access within the site.
10. Public Access
There is no record of a designated public access to the shoreline or mountain areas that
traverses through the Project Site.
E. PUBLIC UTILITIES AND SERVICES
1. Access
Primary access to the Subject Property is from the Kapoho- Kalapana Road (State Highway
137), then onto Mapuana Street, which is the primary entry road into the Kalapana Seaview
Estates. From Maupuana Street, turn left and travel on Kehauopuna Street until you arrive at
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West Pohakupele Loop, where you will be facing the Subject Property, for an overall travel
distance of approximately one (1) mile from Highway 137. The roads within the Kalapana
Seaview Estates are owned and maintained by the County, with a pavement width of
approximate 20 feet with grassed shoulders.
2. Traffic
A traffic impact analysis report (TIAR) was not prepared as a part of this amendment request.
The Applicant feels that the number of vehicle trips at peak traffic hours will be less than the
50 vehicle trips that would normally trigger such a report under the County’s concurrency
requirements for zoning actions. SPACE provides education opportunities and community
support to residents primarily within Kalapana Seaview Estates and other smaller
communities along the Kapoho-Kalapana Beach Road (Hwy 137) and the Pahoa-Kalapana
Road (Hwy 130). With a student enrollment of 55 students and 10 support staff, many of the
students simply walk or bike to school. Because of the distance learning nature of the school,
all students are not at the school concurrently. Likewise for community-based events. The
Applicant has sufficient land area for on-site parking. Activities that have created traffic
concerns in the past, like a farmers’ market, have ceased since the change of management.
The Applicant has prepared a Large Event Traffic Management Plan, attached to this report as
Exhibit C, that attempts to manage traffic flow, parking and parking strategies, traffic
communication and coordination, and contingency plans for the quarterly events that are
projected to have peak hour traffic around 30 but not exceeding 50 vehicle trips. During these
quarterly events, the existing campus can accommodate up to 76 vehicles on-site, with traffic
flow and parking managed by traffic control personnel.
The following table estimates the number of peak hour trips for the different event types.
Please note that the actual peak hour for each event type differs and rarely coincides with
national peak hours times of 7:00am to 9:30am and 3:30pm to 6:00pm as defined by the
National Highway Traffic Safety Administration (NHSTA). Because Seaview is an isolated small
rural community, peak hour traffic is nominal.
Event Peak Hour Trips
Estimate
Event Notes
Public Charter School 15 Event times: 8am to 3pm, Mon - Fri
After School Classes,
workshops, meetings
12 Event times:
• 3pm to 9pm Mon - Fri
• 8am to 9pm Sat - Sun
Winter/Summer Camps 18 Event times: 9am to 4:30 pm Mon - Fri
Recitals 48 Event times will vary - See Traffic Management Plan
Resource Fairs 43 Event times will vary - See Traffic Management Plan
Outreach events NA These events do not take place at SPACE
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3. Water
The Subject Property, as with all other lots within this section of Puna, are not serviced by the
County’s water system. Potable water is transported to the subject property and stored on-
site within a 4,000-gallon plastic water tank. Two metal water storage tanks, capable of
holding 10,000 and 15,000 gallons respectively, support the non-potable water needs for the
center. This system has proved sufficient and reliable for the Applicant’s current and
proposed program operations.
4. Wastewater
An individual wastewater treatment system is currently installed and servicing the current
SPACE operations, and should be sufficient to support the expanded programs presented
under this amendment request. The Applicant will comply with all applicable State
Department of Health standards regarding wastewater disposal.
5. Solid Waste
Any solid waste generated by existing and proposed operations will be disposed of via the use
of commercial solid waste disposal companies. Green waste is diverted from the waste
stream into an on-site composting operation. Any construction activity contemplated to
support the requested use will be disposed of at the Hilo landfill and prohibited from disposal
at any transfer station.
6. Essential Utilities and Services
The existing SPACE complex is largely off-grid, providing on its own for its electrical power and
potable water needs for the past 16 years. These existing facilities should be adequate to
support the requested program expansion at this campus.
7. Public Safety
As the Subject Property is located within a remote part of Puna, it is not situated in close
proximity to police, medical and fire services located in Pahoa town, about 15 miles away via
State Highways 137 (Kapoho-Kalapana) and 130 (Pahoa-Kalapana). The existing campus has
an Automated External Defibrillator (AED) and staff are trained in adult and pediatric first aid.
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F. STATEMENT OF REASONS IN SUPPORT OF GRANTING SPECIAL PERMIT
1. Such use shall not be contrary to the objectives sought to be accomplished by the Land Use
Law and Regulations
The request is considered an unusual and reasonable use of agricultural lands. The requested
use will not adversely affect the preservation and agricultural use of the County’s prime
agricultural land and therefore, is not contrary to the objectives sought to be accomplished by
the State Land Use Law and regulations. The General Plan identifies the Subject Property for
extensive agricultural uses, such as pasture, while soils in the property remain unclassified
lands by ALISH and its soils described as Poor and Very Poor according to the Land Study
Bureau. The majority of the Subject Property occupied by the SPACE campus is situated on a
1955 Aʻa lava flow.
The proposed amendment to Special Permit No. 1122 seeks to enhance educational
opportunities and community benefit by utilizing existing structures within the current SPACE
campus, with only limited new facilities such as a teacher resource building.
For the reasons stated above, the Applicant finds that the proposed activities are an unusual
and reasonable use of marginal agricultural lands that will not compromise the island’s
inventory of valuable agricultural lands. To the contrary, approval of the requested activities
will further enhance what has already been crafted over the past 16 years as a vital
community resource.
2. The desired use shall not adversely affect surrounding properties
The Applicant is acutely aware of the potential impacts that the requested operations could
impose upon surrounding neighbors, especially those neighbors within the adjoining Kalapana
Seaview Estates. What started out as a performing arts school has evolved into a public
charter school that serves the needs of children who live within Kalapana Seaview Estates or
within the general area while the nearest public school is located 15 miles away in Pahoa. The
SPACE campus has matured into an educational and community center, where children and
adults come to prosper through the various outreach programs and services they hope to
provide. It has also been a place of safety in times of need, such as during the Kilauea
eruption in 2018 and during storm events. The educational programs that SPACE provides
and outreach services they offer have benefited residents in Kalapana, Pohoiki, Black Sands,
Opihikao, Seaview Estates, Puna Palisades, Kehena, Kikala Keokea (Hawaiian Homelands),
Leilani Estates, Kaimu and beyond.
During quarterly large events, the Applicant will provide traffic management controls as
outlined in its SPACE Large Event Traffic Management Plan to ensure that all parking
associated with these events are accommodated entirely within the subject property with
traffic control personnel deployed to ensure effective traffic flow and parking to minimize
queuing and congestion at the subject property’s entrance and along West Pohakupele Loop.
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3. Such use shall not unreasonably burden public agencies to provide roads and streets,
sewers, water, drainage, school improvements, and police and fire protection
The SPACE campus and the requested use will not place a burden upon public agencies.
Access to the Subject Property is provided by County-owned and maintained roadways.
Potable water is stored on-site in a dedicated water tank. Non-potable water is collected by a
catchment system for use in the restrooms and showers. Electricity is provided by an on-site
solar system that is tied into HELCO’s electrical grid. An existing wastewater disposal system
is available, and the Applicant will ensure that it complies with Department of Health
standards to support all requested activities.
Due to its remote location, ready access to police, fire and medical services are limited. Pahoa
town, 15 miles away, offers the closest services to the Subject Property. The Applicant has
created a self-reliant campus, and while these services are not readily available, it should not
deter from the educational and outreach opportunities that the Applicant is proposing. As
previously mention, the campus does have an AED and staff are trained as adult and pediatric
first aid responders. The remote location of the Subject Property from an urban center is
exactly why this request is desperately needed.
4. Unusual conditions, trends, and needs have arisen since the district boundaries and
regulations were established
Kalapana Seaview Estates was created in the early 1970’s, about the same time as land use
district boundaries were being established, and created a community of over 900 single-family
residential lots in a very remote part of Puna. As a community, there is a need for convenient
services that is typical of any residential community in an urban setting. What started out
over 16 years ago as a performing arts education center has evolved into a broad educational
complex that wishes to host a public charter school as well as offer outreach programs and
services to the broader Puna makai community. They also wish to be a safe haven to their
community, when needed, during times of disaster, as demonstrated by having an on-site AED
and staff that are trained as adult and pediatric first aid responders, as well as a center that
helps the community recover from these disasters.
The Puna CDP recognizes this need by identifying a neighborhood center somewhere in
proximity to Kalapana Seaview Estates. The Applicant wishes to promote the SPACE campus
as partially filling this need.
5. The land upon which the proposed use is sought is unsuited for the uses permitted within
the district
Soils with the subject property are classified as “Poor” or “Very Poor” for agricultural
productivity. That portion of the Subject Property where all of the SPACE campus
improvements are situated lies on a former 1955 lava flow. The remainder of the Subject
Property is landscaped and accommodates various agricultural-related structures. The past
16 years has seen the evolution of the Subject Property into the SPACE campus. The
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requested use will simply optimize the use of the existing campus, and not take away prime
agricultural opportunities.
6. The proposed use will not substantially alter or change the essential character of the land
and the present use
The Subject Property has been the SPACE campus for the past 16 years. The requested use is
an evolutionary step that still aligns with the educational mission promoted by the original
performing art center. The Applicant now seeks to broaden its mission by becoming an
educational resource for various communities within Puna makai.
7. The request will not be contrary to the General Plan and official Community Development
Plan and other documents such as Design Plans
In considering the issuance of a Special Permit to allow a particular use, it must be assessed
against the applicable goals, policies and standards of the General Plan. It is only through a
comprehensive policy analysis approach that evaluations and decisions can be made to better
time or stage developments to achieve quality growth. The implications of these evaluations
and decisions must also be considered as they may have an impact on other similar areas in
the County.
Land use is one of the principal focal points of public concern and policy. The Land Use
Element of the General Plan provides the primary basis for direct control and guidance of
publicly and privately owned resources. It is also intended to be used as a policy guide for the
coordinated growth and development of all sectors of the County. It sets forth goals, policies,
standards and courses of action to accommodate growth without congestion, to designate
and preserve the lands needed for residential use, commercial and visitor services, industry,
agriculture and open space, and to coordinate these uses with the County's service and
circulation systems. The overall Land Use goals, policies and standards are set forth to
physically plan the lands in the County in the best interest of the island's residents.
In addition to its goals, policies and standards, the General Plan also includes the Land Use
Pattern Allocation Guide (LUPAG) Map, which is a graphic representation of the document's
goals and policies to guide the coordinated growth and development of all sectors of the
County by presenting a graphic depiction of the physical relationship among the various land
uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the
County.
While the General Plan LUPAG Map does designate the Subject Property as “Extensive
Agricultural Land”, its soils are classified as “Poor” or “Very Poor” for agricultural productivity.
Approval of the Applicant’s request will not be detrimental towards the protection of
important agricultural lands within the County as it seeks to optimize the use of an existing
educational campus that largely resides on a 1955 lava flow. No agricultural activity is being
displaced nor are prime agricultural lands being committed for non-agricultural purposes.
21 | Page
Therefore, approval of the subject request would support the following goals and policies of
the Land Use and Economic elements of General Plan:
Land Use Element
● Designate and allocate land areas in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
● The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
The Puna CDP does recommend a Neighborhood Village Center within proximity to the
Kalapana Seaview Estates to provide a limited range of services and amenities to this rural and
isolated community. It also notes that schools are an important social resource, serving not
only as educational institutions, but as de facto community centers and recreation areas in
rural areas where few other venues are available for meetings and events.
G. GROUNDS FOR APPROVAL OF A SPECIAL PERMIT (Planning Department Rule Section 6-7)
The Planning Commission shall not approve a Special Permit unless it is found that the
proposed use:
1. Is an unusual and reasonable use of land situated within the Agricultural or Rural District,
whichever the case may be.
In recognizing that lands within Agricultural districts might not be best suited for agricultural
activities and yet classified as such, and in recognition that certain types of uses might not be
strictly agricultural in nature, yet reasonable in such districts, the Legislature has provided for
the Special Permit process to allow certain unusual and reasonable uses within the
Agricultural district.
In 2001, the Planning Commission found that the establishment of a performing art center on
2.5-acres of land was an unusual but reasonable use of agricultural land. Fast forward over 20
years later, the mission of SPACE has evolved and the Applicant wishes for permission to allow
for use of the Subject Property to similarly evolve along with SPACE. The basic foundation
remains the same, education. The focus is simply much broader, becoming more of a direct
community resource by creating a public charter school for area students while also offering
outreach programs and services that will benefit the many remote communities in Puna
makai.
2. Would promote the effectiveness and objectives of Chapter 205, Hawaiʻi Revised Statutes,
as amended.
The State Land Use Law and Regulations are intended to preserve, protect and encourage the
development of lands for those uses to which they are best suited in the interest of the public
welfare of the people of the State of Hawaiʻi. In the case of the Agricultural District, the
22 | Page
intent is to preserve or keep lands of high agricultural potential in agricultural use. Soils
within the Project Site are primarily identified as Aʻa lava, with a smaller component of
Malama soils that consists of deep and very deep, well drained soils consisting of organic
material over fragmental Aʻa lava substrata at a shallow depth. The Aʻa lava is expectedly
classified as "Very Poor" soil for agricultural productivity by the Land Study Bureau's Overall
Master Productivity Rating while the Malama soils are treated as “Poor”. Therefore, the
proposed use will not adversely affect the preservation and agricultural use of the County's
prime agricultural lands, and is not contrary to the objectives sought to be accomplished by
the State Land Use Law and Regulations.
H. COASTAL ZONE MANAGEMENT
The requested amendment to Special Permit No. 1122, if approved, will not be
contrary to Chapter 205A, Hawaiʻi Revised Statues, relating to Coastal Zone Management.
The Subject Property is not situated within the Special Management Area, being located at
least 0.85 mile from the nearest coastline, and is not subject to any coastal hazard nor
anticipated to have any adverse impact upon coastal resources such as coastal recreational
and marine resources, coastal ecosystems or the public use and recreational use of any
beach.
There is no record of a designated public access that traverses the Subject Property, as
the site has been extensively altered by past activities to establish the SPACE campus. Given
that the Subject Property is absent of any archaeological features due to its extensively
disturbed condition, it can also be reasonably concluded that native Hawaiʻian cultural
practices are not being exercised within the Subject Property. There are no caves, springs,
puʻu, native forest groves or other natural features that would suggest the quality of
resources that would be important for native gathering. Therefore, it is not anticipated that
approval of the request will have any adverse impact on cultural or historical resources in the
area.
Both State and County laws have evolved over the years to support various types of
activities within the Agricultural district as needs have been identified and support is
provided. That is exactly the purpose of the Special Permit, which provides for a case-by-case
assessment of non-agricultural uses that may be unusual within an Agricultural district, but
reasonable given the circumstances. In this case, you have existing residential subdivisions in
a remote area of Puna that reside far from services typical of residential areas. The Applicant
is aware of these specific needs within their community and they wish to provide it.
Therefore, this request is supportive of the County’s efforts towards properly managing
development.
Finally, in terms of the public participation objective, this is generally a public agency
function. This is achieved through the Marine and Coastal Zone Management Advisory Group
(MACZMAG) and the public hearing process required pursuant to the Planning Commission’s
Rules and County Council’s meetings on this application. Notices of this application will
become available through the posting of a sign on the property, as well as sending two (2)
23 | Page
notices to surrounding property owners, one at the time the application is filed and again,
prior to the public hearing.
In view of the Hawaiʻi State Supreme Court's "PASH" and "Ka Paʻakai O Ka ʻAina"
decisions, the issue relative to native Hawaiʻian 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. As the Subject Property Site is located about
0.85 mile from the shoreline and has been significantly altered in the past, the Applicant
found no valued cultural, historic, or natural resources related to traditional and customary
practices within the Subject Property, and no traditional and customary native Hawaiʻian
rights are exercised therein. For these reasons, the Applicant could find no evidence of any
possible significant adverse effects or impairments that will occur to any valued resources
should the requested amendment to the Special Permit be approved. Should the Applicant
inadvertently encounter any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials, the Applicant agrees to cease work in the
immediate area and contact the Department of Land and Natural Resources-State Historic
Preservation Division (DLNR-HPD), resuming activities only upon securing archaeological
clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken.
I. CONCLUSION
Based on the discussion above, the Applicant finds that approval of the requested
amendment to Special Permit No. 1122 to allow for the establishment of a public charter school and
community outreach programs and services within a 3.13-acre portion of the Subject Property that is
situated within the State Land Use Agricultural District aligns perfectly with the goals and objectives
of the State Land Use Law and Regulations.
Hawai’i's Volcano Circus
12-253 W. Pohakupele St, Pāhoa HI
Hawai’i’s Volcano Circus
SPACE Large Event Traffic
Management Plan
Date: 31 March 2025
RR 2 Box 4524 Pāhoa, Hawai’i 96778 ◭ www.hawaiisvolcanocircus.org
(808) 965-8756 ◭ info@hawaiisvolcanocircus.org
EXHIBIT C
SPACE LARGE EVENT TRAFFIC MANAGEMENT v2025.4
Traffic Management Plan
This event management plan is for large events to be held at Seaview Performing Arts Center for
Education, located at 12-253 West Pohakupele Lp, Pāhoa, Hawai’i and administered by Hawai’i’s
Volcano Circus.
This plan includes, but is not limited to, traffic flow, parking and parking strategies, traffic
communication and coordination, and contingency plans.
The Traffic Flow and Parking Management Plan Map on page 3 includes a detailed diagram of
SPACE grounds with traffic flow, parking plans and emergency access and assembly points. As
noted in the map, SPACE could accommodate up to 118 vehicles if needed.
Definitions
large event in this plan refers to events projected to have peak hour traffic of 30 to 50 vehicles.
Table of Contents
Traffic Management Plan 2
Definitions 2
Map: Traffic Flow and Parking Management Plan 3
Traffic Flow 4
Traffic Control Personnel 4
Parking and Parking Strategies 4
Coordination and Communication 5
Event-Specific Traffic Plans 5
Risk Assessment and Contingency Planning 5
Potential Risks & Risk Mitigation 5
Risks that may occur prior to an event 6
Risks that may occur during an event 6
2
Map: Traffic Flow and Parking Management Plan
3
SPACE LARGE EVENT TRAFFIC MANAGEMENT v2025.2
Traffic Flow
The entrance into SPACE is via West Pohakupele Lp, a bidirectional road accessible from multiple
adjacent roads. Because West Pohakupele Lp is a loop and is accessible by multiple adjacent
roads, large events at SPACE will not surrounding traffic flow. Regardless, guidelines established
herein should be adhered to in order to limit any potential impact.
The Traffic Flow and Parking Management Plan Map shows the flow of traffic within SPACE during
large events. One entrance into SPACE and two exits, as well as one way traffic lanes within
SPACE, ensure a continued traffic flow within SPACE. Traffic flow directions shall be clearly
marked during large events.
Traffic Control Personnel
A minimum of 3 personal should handle traffic control during large events at SPACE:
● 1 person accepts parking fees and guides the vehicle to the parking personal
● 2 personnel direct the actual parking to ensure tight, orderly and safe parking.
The personnel directing the parking should be trained and experienced in handling event
parking.
Parking and Parking Strategies
Orange beacons shall be placed on the curbside of lots adjacent to SPACE during large events to
prevent event participants parking on the curbside. The orange dots in the Traffic Flow and
Parking Management Plan Map indicate where these beacons should be placed. The beacons
should be placed at least 2 hours before the start of the event, and removed after the event. The
use of beacons shall be communicated and agreed to with neighbors..
SPACE shall employ the below measures to encourage optimal parking at SPACE:
● Experienced personal direct parking. They should have access to a golf cart, if needed, to
move efficiently around the large parking area
● Development of customized event parking and traffic management plans when needed
(see below section Event Specific Plans)
● Parking should accommodate individuals with special needs and kupuna, close to the
event entrance - see the Traffic Flow and Parking Management Plan Map. Parking
signage shall clearly highlight this.
● Traffic control personnel shall be visible and identifiable, wearing orange vests.
4
SPACE LARGE EVENT TRAFFIC MANAGEMENT v2025.2
● In an effort to limit the number of people arriving by car, below strategies can be
employed:
○ Parking requires a fee
○ Rideshare - vehicle with 4 or more people park free
○ Bicycle parking advertised to encourage guest to use bicycles
● Parking fees and no-fee rideshare parking advertised on all event fliers and social media
Coordination and Communication
Traffic control personnel work in collaboration with event organizers and planners. During an
event, they are in real-time communication with each other and event organizers. In the case of
an emergency, the Emergency Response Coordinator is the single person in contact and works
with the traffic control personnel and emergency responders to manage traffic flow and address
any unforeseen issues.
Event-Specific Traffic Plans
When needed, HVC will develop customized traffic management plans. Although unexpected,
events that may require the need for customized plan include:
● Projected attendance is higher than anticipated. For example, if a famous person
is attending SPACE
● Primary access routes are unavailable or significantly altered
● The usual parking options are either unavailable or limited
● Guests require different security protocols
● Large film shoot with equipment and crew expected
If customized event plans demand outside assistance, road closures, etc, HVC will liaise with
event management professionals and local authorities to collaborate in creating suitable,
event-specific plans.
Risk Assessment and Contingency Planning
Potential Risks & Risk Mitigation
HVC addresses risk contingency planning in two categories: risks that may occur prior to the
event, and risks that may occur during the event.
As a member of the Vibrant Hawai’i Network, HVC and SPACE personnel are connected to an
island wide network of emergency communications, with a fallback satellite internet connection
available if regular wired internet and phone communications are disrupted.
5
SPACE LARGE EVENT TRAFFIC MANAGEMENT v2025.2
Whether a disruption causing event occurs prior to, or during an event, SPACE communicates any
event updates and changes to the public using our primary communication sources:
● Volunteers, teachers, performers - text, phone, Telegram, Whatsapp
● General public: social media
Risks that may occur prior to an event
Risk Mitigation Strategy
Fire HVC safety and rental policies prohibit the use of fire, candles and other
fire related equipment unless prior written consent is obtained
In the case a fire does occur before an event, assess facility for safety
and health hazards, including air quality, availability of water and
structural safety. Cancel event if any risk is posed.
High Winds HVC maintains a heightened awareness of threats from high winds,
including tropical storms and hurricanes. During Civil Defence High Wind
warnings, including tropical storm and hurricane warnings, all events and
classes are cancelled.
Lava HVC follows Civil Defence guidance on lava warnings and threat levels.
All events and classes are cancelled accordingly.
Tsunami SPACE is located above the tsunami danger elevations. While SPACE
should not be affected by a Tsunami, CD warnings and advice will be
followed.
Risks that may occur during an event
Risk Mitigation Strategy
Fire HVC safety and rental policies prohibit the use of fire, candles and other
fire related equipment unless prior written consent is obtained
In the case a fire does occur during an event, see the Traffic Flow and
Parking Management Plan Map for emergency response access for
ambulance and fire engine and emergency gathering area.
Earthquake Buildings evacuated and people congregate at the emergency gathering
area - see the Traffic Flow and Parking Management Plan Map for
6
SPACE LARGE EVENT TRAFFIC MANAGEMENT v2025.2
emergency gathering area.
Tsunami SPACE is located above tsunami danger elevations - event goers will be
encouraged to shelter in place and there after, CD guidance followed.
Emergency medical
issue
Onsite AED. See the Traffic Flow and Parking Management Plan Map.
Vehicle accident With exits and one entrance, as well as multiple traffic flow routes, Traffic
Control Personal will assist in helping traffic flow around any accident.
See the Traffic Flow and Parking Management Plan Map.
7
1
Camero, Tracie-Lee
From:Daryn Arai <Daryn.Arai@outlook.com>
Sent:Sunday, May 4, 2025 1:01 PM
To:Camero, Tracie-Lee
Subject:Re: Request for Additional Information for Special Permit Application (PL-
SPP-2024-000079) for TMK: (3) 1-2-009:034
Aloha Tracie,
Please find the Applicant's response to your questions below, highlighted in yellow.
Hope this adequately addresses your concerns.
Daryn
Daryn Arai
Land Use Planning Consultant
Mobile: (808) 895-3218
From: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>
Sent: Thursday, May 1, 2025 4:18 PM
To: Daryn Arai <Daryn.Arai@outlook.com>
Subject: RE: Request for Additional Information for Special Permit Application (PL-SPP-2024-000079) for TMK: (3) 1-2-
009:034
Hi Daryn,
Thank you for the clarification regarding the HAAS affiliation—that helps address my questions related to
Section B(1)(b), subsection titled “Seaview Community School” of the application.
As a follow-up to the trip generation details, I’d like to confirm a few points to better understand the
project’s operational scale and potential traffic impacts. The original Special Permit appears to have
referenced a maximum of 25 students on campus at any given time. However, the Planning Department
later identified this property (in letter dated July 28, 2008) as one location that could accommodate up to
40 students and 10 staff members, provided the use remains associated with performing arts in some
manner. However, the current application states (on page 6) that 55 students attend the public charter
school five days a week and also participate in after-school programs. It appears that some students
may be participating via a distance learning format. Could you please clarify:
To clarify the learning format - the school is a distance learning school in that it combines
homeschooling with core curriculum, in-person elective classes and 1 one-to-one meeting
per week with a teacher to support student progress and grow parents' capacity to teach at
home. Because children are predominantly home schooled and in-person classes are
electives, plus the need to schedule one-to-one meetings, 55 students are never all at
school at the same time.
Approximately how many students are participating in on-campus learning at any one time?
o Approximately 15, a portion of whom either walk, bicycle or unicycle to school.
2
How many students are enrolled in distance learning only?
o The school only offers the hybrid program - all students are predominantly taught at home
by parents, only coming into SPACE for in-person elective classes and a single, in-person
one-to-one meeting per week with a teacher.
Additionally, while the Traffic Management Plan addresses large events (which I assume refers to
student recitals and resource fairs-this is correct), can you confirm whether the same traffic flow and
parking arrangements apply to:
Regular school days - Yes the same traffic flow and parking within SPACE applies.
Afternoon classes - Yes the same traffic flow and parking within SPACE applies.
Winter and summer camps - Yes the same traffic flow and parking within SPACE applies.
Please let me know if you have any questions. Thank you again for your time and assistance.
Sincerely,
Tracie-Lee Camero
Planner V
County of Hawaii
Planning Department
Phone: (808) 961-8166
From: Daryn Arai <Daryn.Arai@outlook.com>
Sent: Thursday, May 1, 2025 12:46 PM
To: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>
Subject: Re: Request for Additional Information for Special Permit Application (PL-SPP-2024-000079) for TMK: (3) 1-2-
009:034
Tracie,
This is the response from the Applicant:
Thanks for asking us to help clarify. To be clear, HVC is not running or proposing to run under HAAS.
What is running under HAAS - Only the Seaview Community School - already detailed in the amendment
application - runs under the HAAS umbrella. That is the ONLY program at SPACE which runs under the
HAAS umbrella.
Hope this is sufficient.
Let me know if you need more information.
Daryn
Daryn Arai
Mobile: (808) 895-3218
From: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>
Sent: Thursday, May 1, 2025 10:15 AM
To: Daryn Arai <Daryn.Arai@outlook.com>
3
Subject: RE: Request for Additional Information for Special Permit Application (PL-SPP-2024-000079) for TMK: (3) 1-2-
009:034
Hey Daryn,
Quick question—I’m currently reviewing the HAAS Special Permit amendment and noticed in your
application that the Circus is proposing to operate under the umbrella of HAAS (Hawaiʻi Academy of Arts
and Science). Could you provide a bit more context on the relationship between HAAS and the Circus,
including how many additional students (beyond the existing 55) are expected to attend the Circus
program?
Thanks!
Sincerely,
Tracie-Lee Camero
Planner V
County of Hawaii
Planning Department
Phone: (808) 961-8166
From: Daryn Arai <Daryn.Arai@outlook.com>
Sent: Wednesday, April 2, 2025 10:33 PM
To: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>
Subject: Re: Request for Additional Information for Special Permit Application (PL-SPP-2024-000079) for TMK: (3) 1-2-
009:034
Hi Tracie,
We cleaned things up a bit to make it clear that the greenhouse is used for agricultural purposes, where things
are cultivated.
We also clarified what the "proposed improvements" and "SPACE" are in the application, as the proposed
improvements are the proposed teachers' resource rooms and SPACE is the existing main pavilion.
We also cleaned up the traffic management plan to recognize the new teacher resource rooms.
Hope we took care of everything. Attached is the latest version of the application package. Let me know if
you need anything else.
Thanks much!
Daryn
Daryn Arai
Mobile: (808) 895-3218
From: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>
Sent: Monday, March 24, 2025 12:19 PM
To: Daryn Arai <Daryn.Arai@outlook.com>
Subject: FW: Request for Additional Information for Special Permit Application (PL-SPP-2024-000079) for TMK: (3) 1-2-
009:034
Hey Daryn,
4
As mentioned earlier, I sent the application over to Maija and Jeff. Maija had a few follow-up questions
(see below). Do you think you could help me address them?
Thanks so much!
Sincerely,
Tracie-Lee Camero
Planner V
County of Hawaii
Planning Department
Phone: (808) 961-8166
From: Jackson, Maija <Maija.Jackson@hawaiicounty.gov>
Sent: Monday, March 24, 2025 9:45 AM
To: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>
Cc: Darrow, Jeff <Jeff.Darrow@hawaiicounty.gov>
Subject: RE: Request for Additional Information for Special Permit Application (PL-SPP-2024-000079) for TMK: (3) 1-2-
009:034
HI Tracie,
Do you know why the site plan was not revised to label the “greenhouse” as an auxiliary
classroom” since that is what they are proposing to use it as in the application? The site
plan also shows “Proposed Improvements” and “SPACE” as labels rather than showing
the proposed use on each structure. The application form requires that the applicant
provide a site plan showing “existing and proposed structures with elevations , uses and
improvements”.
I also see that they provide a Traffic Management Plan (TMP) rather than a traffic
assessment. Was Jeff okay with this change?
An inconsistency I see is that the site plan in the TMP shows an emergency access and
handicap stalls in the location of the “proposed improvements” on the overall site plan.
From: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>
Sent: Friday, March 21, 2025 3:31 PM
To: Darrow, Jeff <Jeff.Darrow@hawaiicounty.gov>; Jackson, Maija <Maija.Jackson@hawaiicounty.gov>
Subject: FW: Request for Additional Information for Special Permit Application (PL-SPP-2024-000079) for TMK: (3) 1-2-
009:034
It appears that Daryn has completed all the items we previously discussed. Before I proceed with
processing the intake, I wanted to check in to see if you guys have any remaining concerns or questions
for this Special Permit application.
Please let me know at your earliest convenience.
Sincerely,
Tracie-Lee Camero
Planner V
County of Hawaii
5
Planning Department
Phone: (808) 961-8166
From: Daryn Arai <Daryn.Arai@outlook.com>
Sent: Monday, March 17, 2025 2:21 PM
To: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>
Cc: Jackson, Maija <Maija.Jackson@hawaiicounty.gov>
Subject: Re: Request for Additional Information for Special Permit Application (PL-SPP-2024-000079) for TMK: (3) 1-2-
009:034
Aloha Tracie,
Sorry for the delay in providing you with additional information regarding the amendment request for Hawaii's
Volcano Circus. The holiday season, school grant deadlines and other obligations got in the way of providing
this information to you promptly. Apologies.
Due to the amount of additional information that we provided in response to your detailed questions below,
we felt it was better to prepare a revised report supporting the amendment request, which you will find
attached to this email.
Your questions were succinct, and we updated those specific areas. Hope this will make your reading a bit
easier as most were dealing with existing conditions and operational details.
Let me know if we adequately addressed your concerns by offering us this courtesy review prior to uploading
into EPIC.
I am willing to come to the office to discuss with you, if necessary. Let me know what works best for you.
Thank you!
Daryn
Daryn Arai
Mobile: (808) 895-3218
From: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>
Sent: Tuesday, December 17, 2024 1:26 PM
To: Daryn Arai <Daryn.Arai@outlook.com>
Cc: Jackson, Maija <Maija.Jackson@hawaiicounty.gov>
Subject: Request for Additional Information for Special Permit Application (PL-SPP-2024-000079) for TMK: (3) 1-2-
009:034
Good Afternoon Daryn,
Thank you for submitting the Special Permit Application (PL-SPP-2024-000079) for TMK: (3) 1-2-009:034
which was submitted to the Planning Department on December 3, 2024. After reviewing your application,
I found that additional information is needed to proceed and to ensure a thorough review, I am returning
your application at this time and kindly requesting that the following information be provided:
Traffic: According to page 15 of your application, it mentions that your proposed amendment will
be less than 50 vehicle trips. In discussion with the Director, he recommended that you provide a
traffic assessment which can estimate the number of peak hour trips expected on the subject
parcel for each type of event. The determination of peak hour trips shall be based on the Institute
6
of Transportation Engineers, “Trip Generation Handbook”, or any other nationally recognized
source.
Quarterly Event: You state on page 4 of your application that approximately 200-300 people will
attend the quarterly events. Please specify the location where these events will be held.
Occupancy:
o What is the current occupancy of the structures where these events will take place?
Please note that the Planning Director may impose occupancy limits based on the
information provided.
o On page 5 of your application, you state that the Greenhouse is used as an auxiliary
classroom. Please confirm its current use and whether there is an applicable building
permit for this structure.
o Regarding the AG Shed located in the northwestern corner of the property:
Is there an applicable building permit for the AG Shed?
Is the AG Shed used for any special events?
What is the total square footage of the AG Shed?
Driveway: Please be advised that driveway improvements may be required as part of the Special
Permit process.
Classes:
o When will the adult classes be held? What structures will these classed take place in? Are
these the performing arts educational classes occurring six (6) times a week between
10:00 AM and 9:00 PM, as stated in your application?
Please submit the corrected information at your earliest convenience so we can proceed with the review
process. If you have any questions, feel free to reach out and we can chat. I look forward to hearing from
you.
Sincerely,
Tracie-Lee Camero
Planner V
County of Hawaii
Planning Department
Phone: (808) 961-8166
Hawai’i's Volcano Circus
12-253 W. Pohakupele St, Pāhoa HI
Hawai’i’s Volcano Circus
SPACE Large Event Traffic
Management Plan
Date: 31 March 2025
RR 2 Box 4524 Pāhoa, Hawai’i 96778 ◭ www.hawaiisvolcanocircus.org
(808) 965-8756 ◭ info@hawaiisvolcanocircus.org
EXHIBIT C
SPACE LARGE EVENT TRAFFIC MANAGEMENT v2025.4
Traffic Management Plan
This event management plan is for large events to be held at Seaview Performing Arts Center for
Education, located at 12-253 West Pohakupele Lp, Pāhoa, Hawai’i and administered by Hawai’i’s
Volcano Circus.
This plan includes, but is not limited to, traffic flow, parking and parking strategies, traffic
communication and coordination, and contingency plans.
The Traffic Flow and Parking Management Plan Map on page 3 includes a detailed diagram of
SPACE grounds with traffic flow, parking plans and emergency access and assembly points. As
noted in the map, SPACE could accommodate up to 118 vehicles if needed.
Definitions
large event in this plan refers to events projected to have peak hour traffic of 30 to 50 vehicles.
Table of Contents
Traffic Management Plan 2
Definitions 2
Map: Traffic Flow and Parking Management Plan 3
Traffic Flow 4
Traffic Control Personnel 4
Parking and Parking Strategies 4
Coordination and Communication 5
Event-Specific Traffic Plans 5
Risk Assessment and Contingency Planning 5
Potential Risks & Risk Mitigation 5
Risks that may occur prior to an event 6
Risks that may occur during an event 6
2
Map: Traffic Flow and Parking Management Plan
3
SPACE LARGE EVENT TRAFFIC MANAGEMENT v2025.2
Traffic Flow
The entrance into SPACE is via West Pohakupele Lp, a bidirectional road accessible from multiple
adjacent roads. Because West Pohakupele Lp is a loop and is accessible by multiple adjacent
roads, large events at SPACE will not surrounding traffic flow. Regardless, guidelines established
herein should be adhered to in order to limit any potential impact.
The Traffic Flow and Parking Management Plan Map shows the flow of traffic within SPACE during
large events. One entrance into SPACE and two exits, as well as one way traffic lanes within
SPACE, ensure a continued traffic flow within SPACE. Traffic flow directions shall be clearly
marked during large events.
Traffic Control Personnel
A minimum of 3 personal should handle traffic control during large events at SPACE:
● 1 person accepts parking fees and guides the vehicle to the parking personal
● 2 personnel direct the actual parking to ensure tight, orderly and safe parking.
The personnel directing the parking should be trained and experienced in handling event
parking.
Parking and Parking Strategies
Orange beacons shall be placed on the curbside of lots adjacent to SPACE during large events to
prevent event participants parking on the curbside. The orange dots in the Traffic Flow and
Parking Management Plan Map indicate where these beacons should be placed. The beacons
should be placed at least 2 hours before the start of the event, and removed after the event. The
use of beacons shall be communicated and agreed to with neighbors..
SPACE shall employ the below measures to encourage optimal parking at SPACE:
● Experienced personal direct parking. They should have access to a golf cart, if needed, to
move efficiently around the large parking area
● Development of customized event parking and traffic management plans when needed
(see below section Event Specific Plans)
● Parking should accommodate individuals with special needs and kupuna, close to the
event entrance - see the Traffic Flow and Parking Management Plan Map. Parking
signage shall clearly highlight this.
● Traffic control personnel shall be visible and identifiable, wearing orange vests.
4
SPACE LARGE EVENT TRAFFIC MANAGEMENT v2025.2
● In an effort to limit the number of people arriving by car, below strategies can be
employed:
○ Parking requires a fee
○ Rideshare - vehicle with 4 or more people park free
○ Bicycle parking advertised to encourage guest to use bicycles
● Parking fees and no-fee rideshare parking advertised on all event fliers and social media
Coordination and Communication
Traffic control personnel work in collaboration with event organizers and planners. During an
event, they are in real-time communication with each other and event organizers. In the case of
an emergency, the Emergency Response Coordinator is the single person in contact and works
with the traffic control personnel and emergency responders to manage traffic flow and address
any unforeseen issues.
Event-Specific Traffic Plans
When needed, HVC will develop customized traffic management plans. Although unexpected,
events that may require the need for customized plan include:
● Projected attendance is higher than anticipated. For example, if a famous person
is attending SPACE
● Primary access routes are unavailable or significantly altered
● The usual parking options are either unavailable or limited
● Guests require different security protocols
● Large film shoot with equipment and crew expected
If customized event plans demand outside assistance, road closures, etc, HVC will liaise with
event management professionals and local authorities to collaborate in creating suitable,
event-specific plans.
Risk Assessment and Contingency Planning
Potential Risks & Risk Mitigation
HVC addresses risk contingency planning in two categories: risks that may occur prior to the
event, and risks that may occur during the event.
As a member of the Vibrant Hawai’i Network, HVC and SPACE personnel are connected to an
island wide network of emergency communications, with a fallback satellite internet connection
available if regular wired internet and phone communications are disrupted.
5
SPACE LARGE EVENT TRAFFIC MANAGEMENT v2025.2
Whether a disruption causing event occurs prior to, or during an event, SPACE communicates any
event updates and changes to the public using our primary communication sources:
● Volunteers, teachers, performers - text, phone, Telegram, Whatsapp
● General public: social media
Risks that may occur prior to an event
Risk Mitigation Strategy
Fire HVC safety and rental policies prohibit the use of fire, candles and other
fire related equipment unless prior written consent is obtained
In the case a fire does occur before an event, assess facility for safety
and health hazards, including air quality, availability of water and
structural safety. Cancel event if any risk is posed.
High Winds HVC maintains a heightened awareness of threats from high winds,
including tropical storms and hurricanes. During Civil Defence High Wind
warnings, including tropical storm and hurricane warnings, all events and
classes are cancelled.
Lava HVC follows Civil Defence guidance on lava warnings and threat levels.
All events and classes are cancelled accordingly.
Tsunami SPACE is located above the tsunami danger elevations. While SPACE
should not be affected by a Tsunami, CD warnings and advice will be
followed.
Risks that may occur during an event
Risk Mitigation Strategy
Fire HVC safety and rental policies prohibit the use of fire, candles and other
fire related equipment unless prior written consent is obtained
In the case a fire does occur during an event, see the Traffic Flow and
Parking Management Plan Map for emergency response access for
ambulance and fire engine and emergency gathering area.
Earthquake Buildings evacuated and people congregate at the emergency gathering
area - see the Traffic Flow and Parking Management Plan Map for
6
SPACE LARGE EVENT TRAFFIC MANAGEMENT v2025.2
emergency gathering area.
Tsunami SPACE is located above tsunami danger elevations - event goers will be
encouraged to shelter in place and there after, CD guidance followed.
Emergency medical
issue
Onsite AED. See the Traffic Flow and Parking Management Plan Map.
Vehicle accident With exits and one entrance, as well as multiple traffic flow routes, Traffic
Control Personal will assist in helping traffic flow around any accident.
See the Traffic Flow and Parking Management Plan Map.
7
1
Camero, Tracie-Lee
From:DeMello, Melanie
Sent:Thursday, July 3, 2025 5:55 PM
To:Camero, Tracie-Lee
Subject:RE: Final Check for Comments on Special Permit Project
Hi Tracie,
Thank you for checking in. Sorry I haven’t gotten you a memo so hopefully this will suƯice:
As previously commented, all driveway connections to a County road shall conform to Chapter 22, Streets and
Sidewalks, of the Hawaii County Code. If access has been previously approved for this development oƯ of W.
Pohakupele Loop (a County road), than a Work Within the County Right-of-Way Permit should be obtained for the
road connection as we do not currently have a permit on file.
Thank you,
Melanie
Melanie DeMello, P.E.
Deputy Division Chief
County of Hawai`i - Department of Public Works
Engineering Division
Aupuni Center, 101 Pauahi Street, Suite 7
Hilo, HI 96720
Phone: (808) 961-8927
E-Mail: Melanie.DeMello@hawaiicounty.gov
From: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>
Sent: Thursday, June 26, 2025 1:18 PM
To: DeMello, Melanie <Melanie.DeMello@hawaiicounty.gov>
Subject: Final Check for Comments on Special Permit Project
Importance: High
Hi Melanie,
Just checking in to see if your Department has any comments on the proposed Special Permit project
(see forwarded message below). Given the size of the existing gravel driveway and the nature of the
proposed events and overall project, I wanted to reach out one more time before finalizing my
Background and Recommendation Report. For reference, I’ve attached DPW’s comments for the original
SPACE application from 2001.
Thanks so much!
Sincerely,
Tracie-Leİ CamerĪ
Planner V
County of Hawaii
Planning Department
2
Phone: (808) 961-8166
From: Steen, Raimee <Raimee.Steen@hawaiicounty.gov>
Sent: Monday, May 19, 2025 4:26 PM
To: HPD ONE <HCPDONE@hawaiicounty.gov>; DOA <hdoa.planning@hawaii.gov>; DLNR <dlnr@hawaii.gov>; Kalapana
Seaview Estates Community Association <board@kseca.org>; DPW Eng <dpweng@hawaiicounty.gov>; DPW Traffic
<dpwtrf@hawaiicounty.gov>; Building Division Internet Email <cohbuild@hawaiicounty.gov>; Spielman, Aaron
<Aaron.Spielman@hawaiicounty.gov>; DWS (DWSEngineeringReview@hawaiidws.org)
<DWSEngineeringReview@hawaiidws.org>; Kaiulani Matsumoto <KMatsumoto@hawaiidws.org>; cohdem
<cohdem@hawaiicounty.gov>; Baybayan, Clinton <Clinton.Baybayan@hawaiicounty.gov>; Henderson, Royd
<Royd.Henderson@hawaiicounty.gov>; Kawasaki, Edward <Edward.Kawasaki@hawaiicounty.gov>; Jo, Keita
<Keita.Jo@hawaiicounty.gov>; Miura, Lisa <Lisa.Miura@hawaiicounty.gov>; RPT Mapping
<rptmapping@hawaiicounty.gov>; Morrison, Bethany J <Bethany.J.Morrison@hawaiicounty.gov>; Palma, Maryam
<Maryam.Palma@hawaiicounty.gov>; Kato, Norren <Norren.Kato@hawaiicounty.gov>; Santiago, Hans
<Hans.Santiago@hawaiicounty.gov>; Honda, Eric <Eric.Honda@doh.hawaii.gov>; michael.une@doh.hawaii.gov; Dbedt
(dbedt.luc.web@hawaii.gov) <dbedt.luc.web@hawaii.gov>; dbedt.stateplanning@hawaii.gov; Chintan Poudel
(chintan.poudel@doh.hawaii.gov) <chintan.poudel@doh.hawaii.gov>; Dane Hiromasa (dane.hiromasa@doh.hawaii.gov)
<dane.hiromasa@doh.hawaii.gov>; doh.wwb@doh.hawaii.gov
Cc: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>; Dacayanan, Melissa
<Melissa.Dacayanan@hawaiicounty.gov>
Subject: Request for Comments on Special Permit Application No. PL-SPP-2024-000079 | Hawaii's Volcano Circus on
TMK: (3) 1-2-009:034
Importance: High
Good afternoon,
Please see the attached memo requesting your review and comments on the subject application.
We kindly ask that you submit your comments to planning@hawaiicounty.gov no later than June 19,
2025.
If you have any questions, please feel free to contact Planner Tracie-Lee Camero (cc’d herein) at (808)
961-8166.
Thank you,
Raimee Steen
TA-PC Support Tech.
County of Hawaii Planning Department
101 Pauahi Street, Suite 3 | Hilo, HI 96720
Direct: (808)-961-8038 | Main: (808)-961-8288
raimee.steen@hawaiicounty.gov
BUILDING DIVISION -DPW
COUNTY OF HAWAl'I -101 Pauahi Street, Suite 7 -Hilo, Hawai'i 96720 Hilo Office (808) 961-8331 • Fax (808) 961-8410 Kona Office (808) 323-4720 • Fax (808) 327-3509
June 17, 2025
TO: Jeffery Darrow -Planning Director Cc: Rainee Steen -TA-PC Support Tech.
SUBJECT: Zoning Variance: PL-SPP-2024-000079
Applicant: Hawai'i's Volcano Circus
Owner: VILLAGE GREEN SOCIETY LTD
Request: Amendment to Special Permit No. 1122 to Allow for Educational and
Outreach Programs That Extend Beyond the Performing Arts Curriculum Offered by the Seaview Performing Arts Center for
Education (SPACE)
TMK: 1-2-009-034
This is to inform you that our records on file, relative to the status of the subject discloses that:
D No Building permit was issued for work done on the premises.
D No building permit was issued for the change of occupancy.
D At the time of completion, the subject complied with all Building Code regulations that were in effect.
D Variance from any building regulation (Building, Electrical, Plumbing, or
Sign) was/was not granted.
D The following violations(s) still outstanding:
D Building D Electrical D Plumbing
x□ Others:
□Sign
1.BP(Building Permit) 950586 - 2 Story as-built dwelling (Final inspection
incomplete).
2.980757 - 2 Story Dwelling (No Final Inspection).
3.B2004-1943H -Addition to BP 980757 (permit Expired -no activity).
4.E2009-1658H -INSTALL PHOTOVOLTIAC POWERED SYSTEM (Expired -
no activity).
Hawai'i County is an Equal Opportunity Provider and Employer
BD-10
5. M2006-1997H —Associated with BP 980757 (Expired — no activity).
Permits listed above needs to be addressed. (extension request, and final
inspections)
6. BP B2007-1279H - NEW PERFORMANCE ART TRAINING PAVILION WITH
OFFICE/STORAGE/RESTROOMS/JANITOR'S CLOSET. (Major Floor Area —
3500 square footage)
This permit is issued as an B-2 Occupancy (1991 UBC) which means it is limited
to an occupancy not greater than 50.
Proposed use indicates this will be opened to the Public for school recitals,
resource fairs and fundraisers. This type of Use will have an Occupant load
Greater than 50 = A Change of Use Permit will be required.
This status report reflects Building Division records only and does not include
information from other agencies.
Should you have any questions regarding matters contained herein, please feel
free to contact _Tod Tanimoto_ at phone no. (808)961-8372
Hawai'i County is an Equal Opportunity Provider and Employer
BD-10
C.Kimo Alameda, Ph.D.Mayor
William V. Brilhante Jr. Managing Director
Wesley R. Segawa Director
Craig Kawaguchi Deputy Director County of Hawai' i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao'a Street, Suite 41 • Hilo, Hawai'i 96720 • cohdem@hawaiicounty.gov
Ph: (808) 961-8083 • Fax: (808) 961-8086 MEMORANDUM Date
To
From
Subject
May 27, 2025
Jeffrey Darrow, Director Planning Department
Wesley R. Segawa, Director � Department of Environmental Management
PL-SPP-2024-000079 TMK: (3) 1-2-009:034 Hawaii's Volcano Circus
The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact Gene Quiamas at the Solid Waste Division for details):
( ) No comments. (X)Submit Solid Waste Management Plan in accordance with attached guidelines. (RD)
( ) Existing Solid Waste Management Plan shall be followed. Provide updates to the department on the status of the project.
( ) Other: __________________________ _
Applicant is reminded of the following requirements/restrictions:
(X)Commercial operations, State and Federal agencies, religious entities and non-profit organizations
may not use any of the 21 transfer stations for disposal.(X)Acceptable construction and demolition waste is allowed only at the West Hawai'i SanitaryLandfill.(X)Green waste is allowed only at the West Hawai'i Organics Facility or East Hawai'i OrganicsFacility, or other suitable diversion programs.(X)Aggregates and any other construction/demolition waste should be responsibly reused to itsfullest extent.(X)Ample and equal room should be provided for rubbish and recycling.
The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact Chris Sparber the Wastewater Division for details):
( ) No comments. ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code.
Hawai'i County is an Equal Opportunity Provider and Employer
Jeffrey Darrow, Planning Director
May 27, 2025
Page 2
Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawai`i County Code. Complete Sewer Extension Application.
Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawai`i County Code.
Check or line out as applicable: [ ] Ifrequired by the Director of the Department of
Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the then applicable wastewater system design standards prior to
approval to connect to the County sewer system. Applicant shall provide such sewer line
or other facility improvements as the Director of DEM may reasonably require,which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
Contact Wastewater Division Chief for details.
Sewer within private roadway shall be dedicated in accordance with Section 21-19 of the
County Code. All WWD standards shall be followed, and County shall be held harmless
for any roadway corridor repair in the event that repairs to County Sewer are completed.
Sewer within private roadway will not be dedicated in accordance with Section 21-19 of
the County Code. Developer shall follow all local plumbing code requirements as
required by Department of Public Works—Building Division.
Proposed activity may be subject to existing or future federal, state, or county regulation
under Title 40 CFR 403.5,prohibiting discharge of certain pollutants into publicly owned
treatment works. Contact the Hawai`i Department of Health for information regarding
pretreatment standards.
Located in a high priority area to be sewered based on
X) No County sewer system in area. Applicant shall follow Department of Health
regulations, and all other applicable federal, state, and county regulations. Located
approximately 32 miles from nearest Hawaii County Sewer System. (AM)
Other:
WRS:,M/RD:tw
C.Kimo Alameda, Ph.D.Benjamin T. Moszkowicz Police Chief Mayor
William V. Brilhante, Jr. Reed K. Mahuna Deputy Police Chief Managing Director County of Hawai' i
POLICE DEPARTMENT
349 Kapi•otani Street • Hilo, Hawai'i 96720-3998
(808)935-3311 • Fax (808) 961-2389
..::COM PLAfUHUQ DEPT .JHH 9 2025 .:iid o:oo
MAY 30, 2025 COH PLANNING DEPT JUN 2 2025 AMlO:oo
REC'D HAND DELIVERED
TO
FROM ,�.........., 0, ASSISTANT POLICE CHIEF
S BUREAU
SUBJECT: SPECIAL PERMIT AMENDMENT APPLICATION (PL-SPP-2024-
000079)
SPECIAL PERMIT NO. 1122 APPLICANT: HAWAl'I VOLCANO CIRCUS REQUEST: AMENDMENT TO SPECIAL PERMIT NO. 1122 TO
ALLOW FOR EDUCATIONAL AND OUTREACH
PROGRAMS THAT EXTEND BEYOND THE
PERFORMING ARTS CURRICULUM OFFERED BY
THE SEAVIEW PERFORMING ARTS CENTER FOR EDUCATION (SPACE) TAX MAP KEY: (3) 1-2-009:034; KEEKEE, PUNA, HAWAl'I
Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Captain Todd Pataray, Puna Patrol, at 965-2716 or via email at Todd.Pataray@hawaiicounty.gov.
·'Hawai'i County is an Equal Opportunity Provider and Employer"'
TO:
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAl'I
345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAl'l 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
Mr. Jeffrey Darrow, Director Planning Department
June 17, 2025 COH PLANNING DEPT JUN 18 2025 PH3:31 REC'D HAND DELIVERED FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Special Permit Amendment Application (PL-SPP-2024-000079)
Special Permit No. 1122 Applicant: Hawai'i's Volcano Circus Request: Amendment to Special Permit No. 1122 to Allow for Educational and Outreach Programs That Extend Beyond the Performing Arts Curriculum Offered by the Seaview Performing Arts Center for
Education (SP ACE)
Tax Map Key 1-2-009:034
We have reviewed the subject application and have no comments or objections on the request, as the subject parcel is beyond the service limits of the Department's existing water system.
Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at (808) 961-8070, extension 255.
RM:makk
copy -Daryn Arai
Sincerely yours,
Keith K. Okamoto, P.E. Manager-Chief Engineer
Hawai'i's Volcano Circus
... Water, Our :Most <Precious 1?.§source ... 1(a Wai )1.. 1(ane ...
The Department of Water Supply is an Equal Opportunity provider and employer.
JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE
STATE OF HAWAII DEPARTMENT OF HEALTH
P.O. BOX 916 HILO, HAWAII 96721-0916
MEMORANDUM
DATE: May 27, 2025
TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii
FROM: Eric Honda District Environmental Health Program Chief
SUBJECT: Special Permit Amendment Application (PL-SPP-2024-000079) Special Permit No. 1122
Applicant: Hawaiʻi’s Volcano Circus Request: Amendment to Special Permit No. 1122 to Allow for Educational and Outreach Programs That Extend Beyond the Performing Arts Curriculum Offered by the Seaview Performing Arts Center for Education (SPACE)
Tax Map Key: (3) 1-2-009:034; Keekee, Puna, Hawaiʻi
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
Jeffrey W. Darrow May 27, 2025
Page 2 of 4
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Chapters 11-59 and 11-60.1.
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/.
Jeffrey W. Darrow May 27, 2025
Page 3 of 4
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
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. According to HAR §11-26-35, No person, firm, or corporation shall demolish or
clear any structure without first ascertaining the presence or absence of rodents
that may endanger public health by dispersal from such premises. Should any
such inspection reveal the presence of rodents, the rodents shall be eradicated
before demolishing or clearing the structure. A demolition permit is required prior
to demolition.
Jeffrey W. Darrow May 27, 2025
Page 4 of 4
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.
From:Tomomitsu, Mark S
To:Planning Internet Mail
Cc:Nagato, Jonathan; Poudel, Chintan
Subject:Comments on Special Permit Application No. PL-SPP-2024-000079 | Hawaii"s Volcano Circus on TMK: (3) 1-2-009:034
Date:Friday, June 6, 2025 9:46:03 AM
Dear Sir/Madame,
The DOH, Wastewater Branch (WWB) has the following comments to offer regarding the
subject Subdivision Application.
1. The DOH, WWB has an Individual Wastewater System (IWS) File No. 10794, Final
Approved for Use 9/12/2006 to serve the Hawaii Volcano Circus Performing Arts
Education Center.
2. In order for the DOH, Wastewater Branch to be able determine if the approved IWS No.
10797 will is able to accommodate the additional wastewater generated from proposed
Educational an Outreach Programs the extend beyond the Performing Arts Curriculum
operations, a wastewater Engineer will need to provide design plan calculations to
demonstrate that the existing IWS has capacity to accommodate the existing
wastewater design flows and the additional wastewater flows generated from the
proposed Educational and Outreach Programs patrons and staff. The wastewater
Engineer shall also evaluate if the IWS is appropriate to treat and dispose the
wastewater and/or an wastewater treatment works will instead be required for the
treatment and disposal of the wastewater.
3. All wastewater systems are required to comply with Hawaii Administrative Rules,
Chapter 11-62, Wastewater Systems.
4. Until all buildings generating wastewater are served by an approved wastewater system
the DOH, WWB is not able to support the approval of the subject SPA.
We appreciate your consideration regarding this matter.
Thank you,
Mark
Mark Tomomitsu
Environmental Engineer | EMD/Wastewater BranchHawai’I State Department of Health | Ka ‘Oihana Olakino2827 Waimano Home Road, Pearl City, HI 96782Office: (808) 586-4294
CONFIDENTIALITY NOTICE: This mail message (and attachements) is for the sole use of the intended
recipient(s). It may contain confidential and/or privileged information. It might also be protected from disclosure
under the Hawai’i Uniform Information Practice Act (UIPA) or other laws and regulations. Review, use, disclosure,
or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the
sender immediately in a separate e-mail and destroy the original message and any copies.
JOSH GREEN, M.D. GOVERNOR I KE KIA'AINA
SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA
June 12, 2025
STATE OF HAWAl'I I KA MOKU'.O.INA 'O HAWAl'I
DEPARTMENT OF LAND AND NATURAL RESOURCES
KA 'OIHANA KUMUWAIWAI 'AINA
STA TE HISTORIC PRESERVATION DIVISION KAKUHIHEW A BUILDING 601 KAMOKILA BL VD, STE 555 KAPOLEI, HAW All 96707
DAWN N.S. CHANG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT
RYAN K.P. KANAKA'OLE FIRST DEPUTY
CIARA W.K. KAHAHANE DEPUTY DIRECTOR -WATER
AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS
IN REPLY REFER TO: Jeff Danow, Director County ofHawai'i
Department of Planning 101 Pauahi Street, Suite 3 Hilo HI 96720 Email: planning@hawaiicounty.gov
Dear Mr. Danow:
Project No.: 2025PR00620 Doc_ No.: 2506SN14
Archaeology
SUBJECT: Hawaii Revised Statutes (HRS) Chapter 6E-42 Historic Preservation Review -County of Hawai'i Amendment to Special Permit No. 1122 (SPP 01-000013) (PL-SPP 2025-00089) Applicant: Hawai'i's Volcano Circus Keauohana Ahupua'a, Puna District, Island of Hawai'i TMK: (3) 1-2-038:034 (formerly part of TMK: 1-2-038:050)
This letter provides the State Historic Preservation Division's (SHPD's) review of the subject permit application in support of the applicant's request to establish and operate a church within the proposed project area. The SHPD received the submittal on May 30, 2025, which included the Special Permit Application, construction plans, an aerial photo of the project area, and a letter dated April 4, 2025, from the County ofHawai'i Planning Department requesting SHPD' s review.
The applicant, Hawai'i's Volcano Circus (HVC), is seeking an amendment to Special Pennit No. 1122 to expand its educational and outreach programs beyond the performing arts cuniculum approved for the Seaview Performing Arts Center for Education (SPACE) under Special Permit No. 1122, issued on September 21, 2001. The proposed programs primarily involve a public charter school, along with outreach initiatives and services aimed at enhancing community well-being by engaging youth and adults in cultural, artistic, and agricultural activities that promote social cohesion. The proposed project area is a 2.5-acre portion of the 3.13-acre parcel.
A review of SHPD records indicates that two previous reviews (Log No. 2010.10412, Doc. No.:1010TD03 and Log No: 2012.3514, Doc_ No.: 1212SN19) were associated with the subject TMK. In the prior letters, we indicated that the cunent project area is located entirely on the 1955 lava flow. A review or our records indicates that there are no previously identified historic properties on these parcels; additionally, we have no records of an archaeological inventory survey (AIS) or inspection of the project area by SHPD staff. Surveys conducted on nearby parcels have identified numerous historic properties, including habitation sites, agricultural complexes, burials and ceremonial sites. The proposed project area has been previously impacted by the existing school uses.
Based on the cunent submittal, SHPD has no objections to the project proponent's amendment to the Special Permit.
However, SHPD requests the opportunity to review any future permits involving ground-disturbance associated with
the development of the subject parcel.
Please contact Sean Naleimaile at (808) 933-7651 or Sean_P_Naleimaile@Hawaii_gov, for any questions or concerns regarding this letter.
Jeff Darrow
June 12,2025
Page 2
Aloha.,
Jessica L.Puff
Administrator,State Historic Preservation Division
Deputy State Historic Preservation Officer
cc.: Tracie-Lee Camero,tracie-lee.camero&bawaiicouM. og_v
Daryn Arai,daryn.araigoutlook.com
3
JOSH GREEN, M.D. GOVERNOR I KE KIA"AINA
SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA"AINA
FROM:
TO:
SUBJECT:
LOCATION:
APPLICANT:
DAWN N. S. CHANG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT
STATE OF HAWAl'I I KA MOKU'AINA 'O HAWAl'I
DEPARTMENT OF LAND AND NATURAL RESOURCES
KA 'OIHANA KUMUWAIWAI '.AINA
DLNR Agencies:
LAND DIVISION
P.O. BOX 621
HONOLULU, HAWAII 96809
May 23, 2025
MEMORANDUM
_Div. of Aquatic Resources (kendall.l.tucker@hawaii.gov)
_Div. of Boating & Ocean Recreation richard.t.howard@hawaii.gov) XEngineering Division (DLNR.ENGR@hawaii.gov)
XDiv. of Forestry & Wildlife (rubyrosa.t.terrago@hawaii.gov) _Div. of State Parks (curt.a.cottrell@hawaii.gov) XCommission on Water Resource Management (DLNR.CWRM@hawaii.gov)
_Office of Conservation & Coastal Lands (sharleen.k.kuba@hawaii.gov) XLand Division -Hawaii District (candace.m.martin@hawaii.gov)
_Aha Moku Advisory Committee (leimana.k.damate@hawaii.gov)
Ian C. Hirokawa, Acting Land Administrator ..,l_;..{--4_ Special Permit Amendment Application (PL-SPP-2024-000079) request for additional program special events for an existing education center in Keekee,
Puna, Island of Hawaii
Keekee, Puna, Hawaii; TMK: (3) 1-2-009:034 (por.)
Daryn Arai, Consultant on Behalf of The Village Green Society, applicant and landowner
Transmitted for your review and comment is information on the above-referenced subject matter.
Please submit comments by June 19, 2025. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request,
please contact Raymond Severn at raymond.severn@hawaii.gov. Thank you.
BRIEF COMMENTS:
Attachments cc: Central Files
) We have no objections.
( ) We have no comments. ( ) We have no additional comments.
(Ill) Comments are included/attached.
Signed: ----�-----------
Print Name: JASON D. OMICK , Wildlife Prog. Mgr.
Division: Forestry and Wildlife
Date: Jul 9, 2025 ---------------
JOSH GREEN, M.D. o yaE.......... q
DAWN N.S. CHANG
GOVERNOR KE KIA'AINA AP °° 19 59 °°•,9
CHAIRPERSON
ay BOARD OF LAND AND NATURAL RESOURCES
SYLVIA LUKE COMMISSION ON WATER RESOURCE
MANAGEMENT
LIEUTENANT GOVERNOR KA HOPE KIA'AINA
o RYAN K.P. KANAKA`OLE
FIRST DEPUTY
6,°°•., ° }`"` CIARA W.K. KAHAHANE
P•qo°ara••pacap' DEPUTY DIRECTOR - WATER
AQUATIC RESOURCES
BOATING AND OCEAN RECREATION
STATE OF HAWAI'I I KA MOKU`AINA `O HAWAI`I BUREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE
DEPARTMENT OF LAND AND NATURAL RESOURCES MANAGEMENT
CONSERVATION ANDANDSOU LANDS
KA `OIHANA KUMUWAIWAI 'AINA RCONSERVATIONORRCES ENFORCEMENNTT
ENFORCEMENT ENGINEERING
r
FORESTRYAND WILDLIFE iAWAA%
DIVISION
OF FORESTRY AND WILDLIFE HIsrORICPRESERVATION KAHOOLAWE
ISLAND RESERVE COMMISSION 1151
PUNCHBOWL STREET, ROOM 325 LEND STATE
PARKS HONOLULU,
HAWAII 96813 July
9, 2025 Log
no. 5035 MEMORANDUM
TO:
IAN C. HIROKAWA, Acting Land Administrator Land
Division FROM:
JASON D. OMICK, Wildlife Program Manager Division
of Forestry and Wildlife SUBJECT:
Consultation Request regarding the Special Permit Amendment Application (
PL-SPP-2024-000079) request for additional program special events
for an existing education center in Ke`eke`e, Puna, Hawaii; TMK (
3) 1-2-009.034 (por.) The
Department of Land and Natural Resources, Division of Forestry and Wildlife DOFAW)
has received your consultation request regarding the Special Permit Amendment
Application (PL-SPP-2024-000079) for the existing Hawaii Volcano Circus Seaview
Performing Arts Center for Education (SPACE) in Ke`eke`e and Kehena, within the
Puna District of Hawaii, TMK: (3) 1-2-009.034 (por.). The property owner and applicant,
The Village Green Society, Ltd., is requesting a special permit amendment to allow
for additional education and outreach programs which extend beyond the current performing
arts curriculum offered by SPACE. The project also plans to construct new teachers'
resources rooms totaling approximately 1,500 square feet in size. The
proposed project area is a 3.13-acre property within the Hawaii County Agricultural- 3
acres zoning district, and within the State Land Use Agricultural District. The subject property
is located approximately 0.85 miles from the nearest coastline and at least 0.75 miles
from the nearest Special Management Area boundary. No professional surveys of flora
or fauna resources were conducted on the subject property due to its extensively improved
condition as an educational facility with extensive support facilities, landscaping,
and agricultural uses. DOFAW
provides the following comments regarding the potential for the proposed work to
affect listed species in the vicinity of the project area.
The State listed `ope`ape`a or Hawaiian hoary bat (Lasiurus semotus) could potentially
occur at or in the vicinity of the project and may roost in nearby trees. Any required site
clearing should be timed to avoid disturbance to bats during their birthing and pup rearing
season (June 1 through September 15). During this period, woody plants greater than 15
feet (4.6 meters) tall should not be disturbed, removed, or trimmed. Barbed wire should
also be avoided in any construction as bats can become ensnared and killed by such
fencing material during flight.
Artificial lighting can adversely impact seabirds which may pass through the area at night
by causing them to become disoriented. This disorientation can result in seabird collision
with manmade structures or the grounding of birds. For nighttime work that might be
required, DOFAW recommends all lights used be fully shielded to minimize the attraction
of seabirds. Nighttime work which requires outdoor lighting should be avoided during the
seabird fledging season from September 15 through December 15, when young seabirds
make their maiden voyage to sea. If nighttime construction is required during the seabird
fledgling season, we recommend a qualified biologist be present at the project site to
monitor and assess the risk of seabirds being attracted or grounded due to the lighting. If
seabirds are seen circling the area, lights should be turned off. If a downed seabird is
detected, please follow DOFAWs recommended response protocol by visiting
https://dlnr.hawaii.gov/wildlife/seabird-fallout-season/
Permanent lighting also poses a risk of seabird attraction, and as such should be
minimized or eliminated to protect seabird flyways and preserve the night sky. For
illustrations and guidance related to seabird -friendly light styles that also protect seabirds
and the dark starry skies of Hawaii please visit
https://dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf.
The State listed nene or Hawaiian goose (Branta sandvicensis) could potentially occur in
the vicinity of the proposed project site. It is against State law to harm or harass these
species. If any are present during construction, all activities within 100 feet (30 meters)
should cease and the bird or birds should not be approached. Work may continue after
the bird or birds leave the area of their own accord. If a nest is discovered at any point,
please contact the Hawaii Island Branch DOFAW Office at (808) 974-4221 and establish
a buffer zone around the nest.
The endemic pueo or Hawaiian short -eared owl (Asio flammeus sandwichensis) could
potentially nest in the project area. Pueo nest on the ground and active nests have been
found year-round. Before any potentially disturbing activity like clearing vegetation,
especially ground -based disturbance, DOFAW recommends a qualified biologist conduct
surveys during crepuscular hours. Observation surveys should be done at those times
from vantage points where they can see the whole project area for 2- 3 nights before
construction is to start. If any breeding displays are observed, it is likely there could be a
nest. If pueo nests are detected in the area, a buffer zone should be established in which
no activity occurs within a minimum buffer distance of 100 meters until the nesting cycle
is complete and the chicks are capable of flight. DOFAW staff should be notified of any
nests or adult displayed breeding behavior.
The State listed `io or Hawaiian hawk (Buteo solitarius) may occur in the project vicinity.
Prior to undertaking vegetation clearing, DOFAW recommends that pre -construction
surveys of the area be conducted by a qualified biologist following appropriate survey
methods (Gorressen et al., 2008) to ensure no Hawaiian Hawk nests are present, which
may occur during the breeding season from March to September. The survey should be
conducted at least 10 days prior to the start of construction. If an `io nest is detected, a
buffer zone of 100 meters (330 feet) should be established around it where no
construction shall occur until the chick or chicks have fledged, or the nest is abandoned
andDOFAW staff should be immediately notified. If adult individuals are detected in the
area during construction, all activities within 30 meters (100 feet) of the bird should cease.
Work may continue when the bird has left the area on its own.
We recommend that Best Management Practices are employed during and after
construction to contain any soils and sediment with the purpose of preventing damage to
near -shore waters and marine ecosystems.
DOFAW recommends using native plant species for landscaping that are appropriate for
the area; i.e., plants for which climate conditions are suitable for them to thrive, plants
that historically occurred there, etc. Please do not plant invasive species. DOFAW also
recommends referring to www.plantpono.org for guidance on the selection and evaluation
of landscaping plants and to determine the potential invasiveness of plants proposed for
use in the project.
Avoid importing soil or other plant material from off -island. Soil and plant material may
contain fungi (e.g., rapid `ohi`a death) and other pathogens which could harm our native
species and ecosystems. We recommend consulting the Hawaii Interagency Biosecurity
Plan at http://dlnr.hawaii.gov/hisc/plans/hibp/ in the planning, design, and construction of
the project.
We recommend contacting the Big Island Invasive Species Committee (BIISC) at (808)
933-3340 or biisc(d)-hawaii.edu to learn about potential high -risk invasive species in the
area, and for best management practices to avoid spreading of invasive plants and
animals. Soil and plant material may contain detrimental fungal pathogens (like Rapid
Ohi`a Death), vertebrate and invertebrate pests (e.g. Little Fire Ants, and Coqui Frogs),
or invasive plant propagules (e.g. Albizia, Barbados Gooseberry, etc.) that will harm our
native ecosystems, and the unique native found within them. Therefore, DOFAW
advances the guidance that all equipment and personal items —to include clothing and
foot ware should be cleaned of excess soil and debris to minimize the risk of spreading
invasive species. Additionally, DOFAW recommends minimizing the movement of plant
or soil material between worksites. Suspect pests should be reported through the
statewide pest hotline. Photos, videos, and locations can be shared at www.643pest.org
or call: 743-PEST. All equipment, materials, and personnel should be cleaned of excess
soil and debris to minimize the risk of spreading invasive species.
Gorresen, P. M., R. J. Camp, J. L. Klavitter, and T. K. Pratt. 2008. Abundance, distribution and population
trend of the Hawaiian Hawk: 1998-2007. Hawaii Cooperative Studies Unit Technical Report HCSU-009.
University of Hawaii at Hilo. 53 pp., incl. 8 figures, 3 tables & 1 appendix.
To prevent the spread of rapid `ohi`a death (ROD), DOFAW requests that removal,
pruning/trimming, and potentially injury to `ohi`a trees be avoided as much as possible.
Wounds serve as entry points for ROD fungus and increase the odds that the tree will be
infected and die. Also, clean gear/tools, clothes, footwear, and vehicles before and after
use. Make sure to removal all loose soil from the aforementioned items, spray gear/tools
with 70% rubbing alcohol, and wash clothes with hot water and soap. Wash tires and
undercarriages of all vehicles/machinery with a high-pressure water source. If `ohi`a trees
must be removed or pruned/trimmed, please conduct these activities on a still day to
minimize blown sawdust and use a sharp saw to create chips rather than dust. Seal all
wounds to these trees with a stump seal product (e. g. Spectricide, etc.). For more
information, please consult https://cros.ctahr.hawaii.edu/rod.
The invasive coconut rhinoceros beetle (Oryctes rhinoceros) or CRB is widespread on
the island of Oahu. CRB have been detected on other islands with moderate infestation
on Kauai, one incipient site on Hawaii Island, and only one positive site on Maui in 2023.
Hawaii Department of Agriculture interim rule 24-1 restricts the movement of CRB-host
material from the island of Oahu, which is defined as the Quarantine Area. Regulated
material (host material or host plants) is considered a risk for potential CRB infestation.
Host material for the beetle specifically includes 1) entire dead trees; 2) mulch, compost,
trimmings, fruit and vegetative scraps, and 3) decaying stumps. CRB host plants include
the live palm plants in the following genera: Washingtonia, Livistona, and Pritchardia (all
commonly known as fan palms), Cocos (coconut palms), Phoenix (date palms), and
Roystonea (royal palms). When such material or these specific plants are moved there is
a risk of spreading CRB because they may contain CRB in any life stage. Inspection
and/or treatment approved by HDOA is mandatory before inter -island transport. For more
information regarding CRB, please visit https://dlnr.hawaii.gov/hisc/info/invasive-species-
profiles/coconut-rhinoceros-beetle/.
DOFAW is concerned about impacts to vulnerable birds from nonnative predators such
as cats, rodents, and mongooses. We recommend taking action to minimize predator
presence; remove cats, place bait stations for rodents and mongoose, and provide
covered trash receptacles.
Cats prey on native birds, including State -listed endangered waterbirds, seabirds, and
forest birds. Predation is instinctive and means that even well-fed cats will hunt and kill
wildlife. Therefore, DOFAW recommends no feeding of feral cats should occur on the
premises.
Due to the arid climate, high fine fuel load (grasses) surrounding the worksite, and risks
of wildfire to listed species and native habitats, we recommend coordinating with the
Hawaii Wildfire Management Organization at (808)-850-0900 or
admin(d)-hawaiiwildfire.org, on how wildfire prevention can be addressed in the project
area. When engaging in activities that have a high risk of starting a wildfire —like wielding
in/near tall grass, it is recommended that you: 1) wet down the area before starting your
task, 2) continuously wet down the area as needed, 3) have a fire extinguisher on hand,
and 4) in the event that your vision is impaired, (i.e. welding goggles) have a spotter to
watch for fire ignitions. Additionally, do not park any vehicles in or near tall grass as heat
from the engine/exhaust may ignite dry vegetation.
We appreciate your efforts to work with our office for the conservation of our native
species. These comments are general guidelines and should not be considered
comprehensive for this site or project. It is the responsibility of the applicant to do their
own due diligence to avoid any negative environmental impacts. Should the scope of the
project change significantly, or should it become apparent that threatened or endangered
species may be impacted, please contact our staff as soon as possible. If you have any
questions, please contact Kelli Yamaguchi, Protected Species Habitat Conservation
Planning Associate via email at kel I i. yam aguch i. researcher(a)-hawai i. gov.
Sincerely,
cam,
JASON D. OMICK
Wildlife Program Manager
JOSH GREEN, M.D. GOVERNOR I KE KIA'AINA
SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA
FROM: +G:-
TO: FROM:
SUBJECT:
LOCATION:
APPLICANT:
DAWN N. S. CHANG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT
STATE OF HAWAl'I I KA MOKU'AINA 'O HAWAl'I
DEPARTMENT OF LAND AND NATURAL RESOURCES
KA 'OIHANA KUMUWAIWAI 'AINA
DLNR Agencies:
LAND DIVISION
P.O. BOX621
HONOLULU, HAWAII 96809
May 23, 2025
MEMORANDUM
_Div. of Aquatic Resources (kendall.l.tucker@hawaii.gov) _Div. of Boating & Ocean Recreation richard.t.howard@hawaii.gov) XEngineering Division (DLNR.ENGR@hawaii.gov)
XDiv. of Forestry & Wildlife (rubyrosa.t.terraqo@hawaii.gov) _Div. of State Parks (curt.a.cottrell@hawaii.gov) XCommission on Water Resource Management (DLNR.CWRM@hawaii.gov)
_Office of Conservation & Coastal Lands (sharleen.k.kuba@hawaii.gov) XLand Division -Hawaii District (candace.m.martin@hawaii.gov) _Aha Moku Advisory Committee (leimana.k.damate@hawaii.gov)
Ian C. Hirokawa, Acting Land Administrator .,l_;..f.-.4_._ Special Permit Amendment Application (PL-SPP-2024-000079) request for additional program special events for an existing education center in Keekee,
Puna, Island of Hawaii
Keekee, Puna, Hawaii; TMK: (3) 1-2-009:034 (par.)
Daryn Arai, Consultant on Behalf of The Village Green Society, applicant and landowner
Transmitted for your review and comment is information on the above-referenced subject matter.
Please submit comments by June 19, 2025. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request,
please contact Raymond Severn at raymond.severn@hawaii.gov. Thank you.
BRIEF COMMENTS:
Attach men ts cc: Central Files
( ) We have no objections.
( ) We have no comments.
( ) We have no additional comments.
( ✓) Comments are included/attached.
Signed: ·� ......... ------· ......... _________ _
Print Name: Dina U. Lau, Acting Chief Engineer
Division: Engineering Division
Date: Jun 18, 2025 ---------------
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Ian C. Hirokawa
Ref: Special Permit Amendment Application (PL-SPP-2024-000079) request for
Additional Program Special Events for an Existing Education Center in
Keekee,Puna, Island of Hawaii
Location: Keekee,Puna, Hawaii
TMK(s): (3) 1-2-009: 034 (por.)
Applicant: Daryn Arai, Consultant on Behalf of The Village Green Society,
applicant and landowner
COMMENTS
The rules and regulations of the National Flood Insurance Program(NFIP), Title 44 of
the Code of Federal Regulations (44CFR), are in effect when development falls within a
Special Flood Hazard Area(high-risk areas). Be advised that 44CFR, Chapter 1,
Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local
conununity flood ordinances may stipulate higher standards that can be more restrictive
and would take precedence over the minimum NFIP standards.
The owner of the project property and/or their representative is responsible for
researching the Flood Hazard Zone designation for the project. Flood zones subject to
NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The
official FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov).
Our Flood Hazard Assessment Tool (FHAT) (fhat.hawaii.gov) could also be used to
research flood hazard information.
If there are questions regarding the local flood ordinances, please contact the applicable
County NFIP coordinating agency below:
o Oahu: City and County of Honolulu, Department of Planning and Permitting
808) 768-8098.
o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327.
o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139.
o Kauai: County of Kauai, Department of Public Works (808)241-4849.
Signed: 04ZA_'"`-
DINA U. LAU, ACTING CHIEF ENGINEER
Date: J u n 18,2025
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN.ARAI@OUTLOOK.COM
June 18, 2025
Mr. Jeffrey Darrow, Director
County of Hawaiʻi Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Darrow:
Applicant’s Response to State Department of Health comments regarding
Amendment to Special Permit No. 1122 (PL-SPP-2024-000079)
Applicant: Hawaiʻi’s Volcano Circus
TMK -1-2-009:034; Keekee-Kehena, Puna, Hawaiʻi
Thank you for sharing the comments from the State Department of Health via email dated
June 6, 2025, regarding the requested amendments to Special Permit No. 1122. The Applicant
offers its response to the various comments as recited in full below.
1.The DOH, WWB has an Individual Wastewater System (IWS) File No. 10794, Final
Approved for Use 9/12/2006 to serve the Hawaii Volcano Circus Performing Arts Education
Center.
Applicant’s response: Appreciate this confirmation. The current IWS system is properly
maintained and in good operating condition to serve the current and anticipated needs of
the Hawaii Volcano Circus Performing Arts Education Center (SPACE).
2.In order for the DOH, Wastewater Branch to be able determine if the approved IWS No.
10797 will is able to accommodate the additional wastewater generated from proposed
Educational an Outreach Programs the extend beyond the Performing Arts Curriculum
operations, a wastewater Engineer will need to provide design plan calculations to
demonstrate that the existing IWS has capacity to accommodate the existing wastewater
design flows and the additional wastewater flows generated from the proposed Educational
and Outreach Programs patrons and staff. The wastewater Engineer shall also evaluate if the
IWS is appropriate to treat and dispose the wastewater and/or an (sic) wastewater treatment
works will instead be required for the treatment and disposal of the wastewater.
Applicant’s response: As confirmed by the State Department of Health (DOH) in its email
dated June 6, 2025, the existing wastewater system serving the SPACE facility was approved
in 2006.
Mr. Jeffrey Darrow, Director
County of Hawaiʻi Planning Department
Page 2 of 3
June 18, 2025
The requested amendments to Special Permit No. 1122 are to allow for the expansion of
programs offered to its existing student body and is not intended to expand the capacity of
this center. Therefore, the number of teachers and support staff will also remain the same.
For this reason, capacity of the approved individual wastewater system serving the existing
SPACE facility will not increase.
The only new structures are the teacher resource rooms that will help support the existing
teachers at SPACE and will not provide facilities to increase the student body or staffing
levels. These teacher resource rooms are currently planned with no plumbing fixtures and
do not require a connection to the existing individual wastewater system. With the same
number of staff and no new plumbing systems, the Applicant anticipates no effect upon the
existing approved individual wastewater system currently serving SPACE.
However, should the Applicant elect to provide plumbing to the teacher resource rooms and
if deemed necessary by the DOH, the Applicant will agree to provide design plan calculations
as prepared by a licensed wastewater engineer. Either way, the Applicant is committed to
complying with all applicable requirements of the State Department of Health prior to
implementing the proposed Educational and Outreach programs on the existing SPACE
campus.
3. All wastewater systems are required to comply with Hawaii Administrative Rules, Chapter
11-62, Wastewater Systems.
Applicant’s response: The Applicant acknowledges this requirement and is, as explained
above, committed to ensure that all wastewater generated by the existing and proposed
educational and outreach programs at SPACE are complaint with State Department of
Health’s Administrative Rules.
4. Until all buildings generating wastewater are served by an approved wastewater system the
DOH, WWB is not able to support the approval of the subject SPA.
Applicant’s response: While the Applicant’s appreciate these concerns, the operative words
are, “Until all buildings generating wastewater are served by an approved wastewater
system….”. As mentioned, the only building generating wastewater is the existing SPACE
building, whose wastewater system was approved in 2006 and a certificate of occupancy
subsequently issued in 2008. No new buildings generating wastewater is proposed.
However, should the Applicant elect to include plumbing in the new teacher resource rooms,
we believe the following proposed condition of approval that would ensure compliance with
State Department of Health rules and regulations regarding proper wastewater disposal:
Mr. Jeffrey Darrow, Director
County of Hawaiʻi Planning Department
Page 3 of 3
June 18, 2025
o Prior to the submittal of plans for Plan Approval Review, the Applicant shall provide, if
deemed necessary, design plan calculations to the State Department of Health (DOH),
as prepared by a licensed engineer, to demonstrate that the existing IWS has
sufficient capacity to support the educational and outreach programs and to
determine if a wastewater treatment works or other system improvements or
enhancements are needed. Any wastewater system improvements required by the
DOH shall be installed and be operational in compliance with DOH rules and
regulations prior to implementing the educational and outreach programs at SPACE.
We hope that we have adequately addressed the comments offered by DOH. Should there be
any additional questions or concerns on this matter, please feel free to contact me. Thank you
very much.
Sincerely,
Daryn Arai
Land Use Planning Consultant
copy via email: Hawaiʻi’s Volcano Circus
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN.ARAI@OUTLOOK.COM
June 30, 2025
Mr. Jeffrey Darrow, Director
County of Hawaiʻi Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Darrow:
Applicant’s Response to Department of Public Works-Building Division comments
regarding Amendment to Special Permit No. 1122 (PL-SPP-2024-000079)
Applicant: Hawaiʻi’s Volcano Circus
TMK -1-2-009:034; Keekee-Kehena, Puna, Hawaiʻi
Thank you for sharing the comments from the Department of Public Works-Building
Division dated June 17, 2025, regarding requested amendments to Special Permit No. 1122. The
Applicant wishes to address the status of various permits issued and highlighted by the Building
Division in its response below:
1.BP (Building Permit) 950586 - 2 Story as-built dwelling (Final inspection incomplete).
Applicant’s Response: This building permit is associated with an as-built dwelling located
on the adjoining Parcel 45, which was previously a part of Parcel 34 prior to its
subdivision on September 16, 2023 (PL-SUB-2023-000170). The approved final
subdivision plat map is attached to this response and identifies the location of Dwelling
#5 that is associated with BP 950586.
2.980757 - 2 Story Dwelling (No Final Inspection).
Applicant’s Response: This building permit is associated with an as-built dwelling located
on the adjoining Parcel 45 and identified on the approved final subdivision plat map as
Dwelling #1 that is associated with BP 980757.
3.B2004-1943H – Addition to BP 980757 (permit Expired – no activity).
Applicant’s Response: This building permit is associated with an as-built dwelling located
on the adjoining Parcel 45 and identified on the approved final subdivision plat map as
Dwelling #1 that is associated with BP 980757.
Mr. Jeffrey Darrow, Director
County of Hawaiʻi Planning Department
Page 2 of 3
June 30, 2025
4. E2009-1658H - INSTALL PHOTOVOLTIAC POWERED SYSTEM (Expired – no
activity).
Applicant’s Response: This electrical permit was issued in 2009 for the installation of a
photovoltaic system on an existing single family residential building. The Applicant notes
that there is no single-family residential structure anywhere on the subject property
(Parcel 34) and believes that this permit is associated with one of the as-built dwellings
located on the adjoining Parcel 45.
5. M2006-1997H – Associated with BP 980757 (Expired – no activity). Permits listed
above needs to be addressed. (extension request, and final inspections)
Applicant’s Response: This building permit is associated with an as-built dwelling located
on the adjoining Parcel 45 and identified on the approved final subdivision plat map as
Dwelling #1 that is associated with BP 980757.
6. BP B2007-1279H - NEW PERFORMANCE ART TRAINING PAVILION WITH
OFFICE/STORAGE/RESTROOMS/JANITOR'S CLOSET. (Major Floor Area – 3500
square footage)
o This permit is issued as a B-2 Occupancy (1991 UBC) which means it is limited
to an occupancy not greater than 50.
o Proposed use indicates this will be opened to the Public for school recitals,
resource fairs and fundraisers. This type of Use will have an Occupant load
Greater than 50 = A Change of Use Permit will be required.
Applicant’s Response: The Applicant is aware of the maximum occupancy of the existing
pavilion and the requested amendments are not intended to exceed the maximum
occupancy of this facility. During regular daily school sessions, the occupancy of the
pavilion never exceeds 50 individuals since the school is a distance learning program,
where many of the students attend remotely from their homes.
Outreach programs that are offered to the community and held within the pavilion are
limited in attendance to 50 individuals.
The recitals, fairs and fundraisers are not intended to be limited to the pavilion. If
necessary, temporary tents can be utilized if additional covered space is needed for these
special events.
Mr. Jeffrey Darrow, Director
County of Hawaiʻi Planning Department
Page 3 of 3
June 30, 2025
We hope that we have adequately addressed the comments offered by DOH. Should
there be any additional questions or concerns on this matter, please feel free to contact me.
Thank you very much.
Sincerely,
Daryn Arai
Land Use Planning Consultant
Encl: PL-SUB-2023-000170
copy w/encl via email: Hawaiʻi’s Volcano Circus
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
Lee E. Lord
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
74-5044 Ane Keohokālole Hwy
Kailua-Kona, Hawai‘i 96740
Phone (808) 323-4770
Fax (808) 327-3563
September 25, 2023
Daniel Berg, LPLS
dlb & Associates
P.O. Box 49-2281
Kea‘au, HI 96749
Dear Daniel Berg:
FINAL SUBDIVISION APPROVAL NO. PL-SUB-2023-000170
FINAL PLAT MAP
SUBDIVIDERS: VILLAGE GREEN SOCIETY, LTD
Consolidation of Lot 6, "Kalapana Seaview Estates, Unit III,"
Together with Lot 10,
Being Portions of Grants 5165 & 8168,
And Resubdivision into Lot 6-A and Lot 10-A
Keauohana-Kehena-Keʻekeʻe Homesteads, Puna, Island of Hawaiʻi , Hawaiʻi
TMK: (3) 1-2-009:034 & 1-2-038:050
Please be informed that final subdivision approval for recordation is hereby granted to the
final plat map dated September 16, 2023, as attached herewith inasmuch as all
requirements of the Subdivision Code, Chapter 23, as modified have been met.
This application is being processed under Section 23-7 of the Subdivision Code whereby
the requirements and standards of the Subdivision Code shall not apply to consolidation
and resubdivision action resulting in the creation of the same or fewer number of lots than
that which existed prior to the consolidation/resubdivision action.
The subdividers may wish to consult an attorney and surveyor for the preparation of the
necessary legal documents and description of the certified final plat map for the purpose of
recordation with the State of Hawai‘i, Bureau of Conveyances.
By a copy of this letter, we are forwarding a copy of the certified final plat map to the listed
officers for their file. We would also remind you to remove the posted sign once you have
received this letter of subdivision approval.
Daniel Berg, LPLS
dlb & Associates
PL-SUB-2023-000170
Final Subdivision Approval
September 25, 2023
Page 2
There has been considerable legal controversy over subdivisions in the agricultural district,
including the Kelly, et.al. v. 1250 Oceanside Partners, et.al., Civil No. 00-1-0192K. Because
of the state of the law at this time, we recommend that subdividers in the State Land Use
Agricultural district consult with, and rely on, independent legal counsel in deciding
whether their subdivisions comply with the requirements of Chapter 205, Hawai‘i Revised
Statutes. We also recommend that you advise lot purchasers to consult with, and to rely on,
independent legal counsel regarding permissible uses and the effect of Land Use
Commission Rule 15-15-25(b), Hawai‘i Revised Statutes Section 205-4.5, and Hawai‘i
County Planning Department Rule No. 13, on the requirements to build and occupy
dwellings on lots within the subdivision.
A copy of the certified final plat map is enclosed.
Should you have any questions, please feel free to contact Hans Santiago at
hans.santiago@hawaiicounty.gov or Jaslyn Nathaniel at jaslyn.nathaniel@hawaiicounty.gov.
Sincerely,
ZENDO KERN
Planning Director
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Encl.: Certified FPM
cc: Manager, DWS
Director, DPW
District Environmental Health Program Chief, DOH
District Engineer, DOT
Real Property Tax Division
Tax Maps and Records Supervisor
Village Green Society, LTD
VAR-17-000429(den)
SPP-1122
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16. Ag shed, no permit number17. Greenhouse Permit # B2007-1279418. SPACE Permit # B2007-0649H_LTS
County of Hawaii
Planning Department
Subdivision Number:
is Approved for Recordation with the
Bureau of Conveyances, State of
Hawaii.
Planning Director, County of Hawaii
Date: 09/26/2023
PL-SUB-2023-000170
09/25/2023
Zendo Kern (Sep 27, 2023 08:29 HST)
Zendo Kern
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To Windward Planning Commission • County of Hawaii Louis Daniele 111, Chair 101 Pauahi Street, Ste 3 Hilo, Hl6�0
R.R. 2 Box 4544 Pahoa, Hi96778 808.333.197 4
Re: Testimony in Support of Amend Special Permit No. 1122
Aloha Chairman Daniele,
March 7, 2025
SPACE has been an asset to the Lower Puna community for decades now. I was one of the community members that helped envision SPACE as well as a significant financial contributor to this project. It's founder, Grahan Ellis in his book stated that if it wasn't for my financial contribution, SPACE would never have come into existence.
When we originally visioned this building, we had no idea in how many ways these facilities could be used and did not have a consultant to advise us on what to include on the Special Permit. Mistakenly we did not include performances, which seems obvious in retrospect.
I strongly request your support on this application.
Thanks for your attention on this ...
Sincerely, l.,s?) Lorn Douglas
Graham Ellis
4 The Link
Rye
East Sussex TN317BT
United Kingdom
Windward Planning Commission
County of Hawaii
Louis Daniele III, Chair
101 Pauahi Street, Ste 3
Hilo, HI 63420
Dear Chair Daniele and Windward Planning Commissioners,
Subject: Testimony in Support of Amend Special Permit No. 1122
Applicant: Hawai’i’s Volcano Circus
TMK: 1-2-009: 034; Keekee-Kehena, Puna,
Hawaiʻi___________________
I strongly support HVC’s request to amend SP #1122. I lived from 1981 until 2017 on
the Big Island and from 1987 until 2015 on Kalapana Seaview Estates. I was the
founder of Hawaii’s Volcano Circus in 1992 after creating the HICCUP circus and was
the executive director until 2015. SPACE was part of our original vision when our
collective of performers purchased the 10 acre property adjacent to Seaview in 1987.
It took us until 2000 to obtain our Special Permit and another seven years before we
raised sufficient funds and obtained the permits to build SPACE. By 2008, when we
opened the facility, it was obvious that the needs of the residents living in Seaview
Estates and along the Red Road had changed dramatically. Build out in Puna Makai
subdivisions had mushroomed and the population had grown exponentially.
At the request of residents we opened SPACE to a school (in fact three schools, HAAS,
Waters of Life and Kua O Ka La), a farmers market, a church, a clinic and a multitude of
other community activities and events. We were the only facility serving the general
public below the rift zone and provided emergency services during tropical storm Iselle
and the 2014 lava flow.
With our services far exceeding the terms of our SP 1122 we began the process of
amendment and submitted an application to Planning in 2012. In 2013 when a cease
and desist order was contested before the Windward Planning Commission 247
testimonies were submitted in favor of SPACE along with a petition signed by over 1000
Big Island residents. Obviously we have been strongly supported by our community for
a very long time but it has taken us much longer to prove to County government that
SPACE serves an essential role.
In 2023 this acceptance was confirmed with the granting of a $500,000 Puna Recovery
award. It is now clear to all that SPACE strengthens resilience by building social
cohesion—an essential factor in recovery from isolation and disaster. It also provides
much-needed economic and educational opportunities in an underserved area and
needs to have it’s legal status updated.
Please approve the amendment to SP #1122.
Thank you for your time and consideration.
Mahalo nui loa,
Graham Ellis