HomeMy WebLinkAboutPD Background Report - Clemson and Janet Lam (PL-REZ-2025-000086)-1-
BLamREZAmend.ckay10.15.25
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
BACKGROUND REPORT
CLEMSON AND JANET LAM
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 02-93
(PL-REZ-2025-000086/AMEND REZ 985)
CLEMSON & JANET LAM have applied to amend Change of Zone Ordinance No. 02-93 by
amending Condition D, which prohibited construction of a second dwelling unit on the property.
Ordinance No. 02-93 changed the zoning district from Agricultural-5 acres (A-5a) to Residential
and Agricultural-2 acres (RA-2a) for a 5-acre parcel. The subject property is located at 62-2039
Kawaihae Road on the east end of the Kamuela Plantation Subdivision, Kamuela, South Kohala,
Hawaiʻi, TMKs: 6-2-007:002 and 011 (formerly 6-2-007:002).
Applicants’ Request
1. Applicants’ Request: The applicants are requesting the deletion of Condition D
(Prohibition of Second Dwelling ) of Change of Zone Ordinance No. 02-93 and replacing
it with the following condition language or something similar: “Any restrictive covenant
that prohibits the construction of accessory dwelling units on the subdivision parcels is
not enforceable provided the proposed accessory dwelling unit has been approved by the
Planning Director, and is in compliance with other laws, rules, regulations, and
requirements of affected agencies including the Department of Water Supply and the
Department of Health.”
2. Applicant’s Reasons for the Request: According to the applicant, the regulatory
landscape regarding accessory dwelling units (ADUs) in Hawai’i County has
significantly evolved since Ordinance 02-93 was adopted. The recent State law
permitting ADUs, and the associated Hawai’i County Bill 123 (Ordinance 24-70 dated
October 7, 2024), aim to provide more housing options within areas served by adequate
infrastructure. Under the updated County and State regulations, an accessory dwelling
unit (ADU) is now permitted in both the County’s RA zoning district and the State Land
Use Rural district. The applicant’s property location, adjacent to a major roadway and
near the town of Waimea, makes it a prime and logical site for the integration of an ADU
to help address the pressing need for more housing for local residents and their family
members. The applicant is seeking to construct a 1-bedroom accessory dwelling unit and
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related improvements for their son to reside on this family property.
3. Landowners: Emma C and Eliahu E. Pessah Trust & Clemson and Janet Lam.
4. Supportive Information: The applicants have submitted the attached in support of the
request. (Planning Department Exhibit 1 – Change of Zone Amendment Request
dated July 11, 2025 and Site Plan submitted October 25, 2025).
LAND USE PERMITTING CHRONOLOGY
5. August 19, 2002: Effective date of Change of Zone Ordinance No. 02-93, approved by
the County Council, which reclassified 5 acres of land from an Agricultural 5-acre (A-5a)
to a Residential and Agricultural 2 Acres (RA-2a) zoning district.
6. April 5, 2004: Approval date of Subdivision No. 7728, which subdivided the property
into 2 parcels of 2.003 and 2.997 acres respectively.
STATE AND COUNTY PLANS
7. State Land Use Designation: Rural.
8. County Zoning: Residential and Agricultural-2 acres (RA-2a).
9. General Plan LUPAG Map: Rural (rur), which includes existing subdivisions in the
State Land Use Agricultural and Rural districts that have a significant residential
component. Typical lot sizes vary from 9,000-square feet to two acres. These
subdivisions may contain small farms, wooded areas, and open fields as well as
residences. Allowable uses within these areas, with appropriate zoning, may include
commercial facilities that serve the residential and agricultural uses in the area, and
community and public facilities. The Rural designation does not necessarily mean that
these areas should be further subdivided to smaller lots. Most lack the infrastructure
necessary to allow further subdivision.
10. South Kohala Community Development Plan (SKCDP): The SKCDP was adopted by
Ordinance No. 08 159 on December 1, 2008. The subject property is located along
Kawaihae Road between the Kawaihae and Waimea communities within an existing
subdivision which is not depicted on any of the Conceptual Plans (Waimea, Waikoloa,
Kawaihae, or Puakō) in the SKCDP.
11. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The subject property is
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located approximately 6.2 miles from the nearest shoreline and is not situated within the
SMA.
DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA
12. Rezone Area: The rezone area, situated in the Kamuela Plantation, Unit 1 Subdivision, is
irregularly shaped and consists of 2 parcels of 2.003 acres (parcel :002 owned by Pessah
Trust) and 2.997 acres (parcel :011 owned by applicant) respectively. Each property has
been cleared and is improved with a single-family dwelling and related improvements
and share a driveway from Kawaihae Road.
13. Surrounding Zoning/Land Uses: Lands immediately to the north, across Kawaihae
Road, to the south, west and east are zoned A-5a), with properties to the north zoned
residential (A-40a). Surrounding land uses are predominantly rural residential and vacant
land.
14. FEMA FIRM MAP: Although a drainage easement reserve area crosses the property
and a drainage easement runs along the Keanuiomano Stream, the rezone area is in an
area designated as Zone “X” on the Flood Insurance Rate Map (FIRM) by the Federal
Emergency Management Agency, an area determined to be outside the 500-year flood
plain. Condition C of the rezone ordinance required all plans for subdivision to depict the
drainage easement reserve area and the drainage easement that encumbers the area along
Keanuiomano Stream.
15. Floral/Faunal Resources: No professional floral/faunal studies were submitted with the
amendment request as each property in the rezone area has been cleared and improved
with a single-family dwelling and related improvements. Due to this longtime residential
use, it is unlikely that any endangered or threatened candidate species of flora or fauna
are located within the subject property, nor has the area been identified as a significant
botanical or biological habitat.
16. Archaeological/Historic/Cultural Resources: No professional archaeological and
cultural study was conducted for this amendment request. According to the findings from
the original change of zone application no valued cultural, historical or native resources
nor any traditional and customary Native Hawaiian rights were practiced in the area, it is
also not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
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17. Public Access: There is no record of designated public access to the shoreline or
mountain areas that traverse the rezone area.
PUBLIC UTILITIES AND SERVICES
18. Access: Both parcels within the rezone area take shared concrete driveway access within
a 40-foot-wide driveway easement from Kawaihae Road, a State owned and maintained
roadway with approximately 30-foot-wide pavement within a 60-foot-wide right-of-way.
The remainder of the rezone area’s property frontage along Kawaihae Road is subject to a
State Department of Transportation access restriction. Access to the proposed additional
dwelling on the applicant’s parcel will take access from the same driveway.
19. Water: According to the Department of Water Supply (DWS), an existing 6-inch
waterline fronts the subject properties within Kawaihae Road. Each of the subject parcels
is served by a 5/8” water meter which is limited to 1 unit of water equal to an average
daily usage of 400 gallons. DWS further stated that the current water system cannot
support or provide additional water beyond existing service levels. To expand capacity,
major upgrades such as new storage, booster pumps, and distribution facilities would be
necessary, but the DWS currently lacks funding and has no set timeline for these
improvements. If any additional dwellings are built, DWS cannot support additional
water units. In response to DWS comments, the applicants note that they understand and
accept such limitations, and that a water catchment system will be installed to provide
water for any additional dwellings, as allowed.
20. Wastewater: There is no County sewer available to the subject property. According to
the applicant, wastewater for the proposed additional dwelling will be disposed of in the
existing septic tank on the property, meeting the requirements of the State Department of
Health (DOH).
21. Essential Utilities and Services: Electrical, telephone and internet services are available
to the project site. Police and medical services are located nearby in Waimea,
approximately 5.5 miles away. There is a volunteer fire station located at the top of
Waiula Drive, approximately 2 miles west (makai) of the project site. The nearest
manned fire and emergency services stations are also in Waimea and near the South
Kohala resort area, approximately 5.5 and 11.4 miles away, respectively.
-5-
AGENCIES’ AND ORGANIZATIONS’ COMMENTS
22. Department of Water Supply (Planning Department Exhibit x – September 10, 2025
Letter)
AGENCIES - NO RESPONSES
23. Fire Department.
PUBLIC COMMENTS
24. No public comments have been received as of the date of the writing of this report.
1
MARGARET WILLE & ASSOCIATES
A Limited Liability Law Company
P.O. Box 6398
Kamuela, Hawai’i 96743
mw@mwlawhawaii.com
Tel: 808-854-6931
July 11, 2025
Mr. Jeff Darrow
Planning Director
Hawai’i County Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawai’i 96720
Re: Request to Amend Rezoning Ordinance 02-93 to Remove ADU Prohibition on behalf of
Clemson and Janet Lam
Dear Director Darrow,
We are writing to respectfully request your assistance in initiating an amendment to Rezoning
Ordinance 02-93. Ordinance 02-93 established the two-lot Kamuela Plantation subdivision (Tax
Map Keys: 3-6-2-007-002 & 3-6-2-007-011) and established certain conditions. This ordinance
in Section 2(D) includes as a condition that the applicant record a restriction prohibiting the
construction of a second dwelling on either lot within the subdivision. We are asking to delete
the prohibition in Ordinance 02-93 Section 2(D) and replace Section 2(D) with the following or
similar language:
Any restrictive covenant that prohibits the construction of accessory dwelling units
on the subdivision parcels is not enforceable provided the proposed accessory
dwelling unit has been approved by the Planning Director, and is in compliance
with other laws, rules, regulations, and requirements of affected agencies including
the Department of Water Supply and the Department of Health.
The regulatory landscape regarding accessory dwelling units (ADUs) in Hawai’i County has
significantly evolved since Ordinance 02-93 was adopted. The recent State law permitting
accessory dwelling units, and the associated Hawai’i County Bill 123 (Ordinance 24-70 dated
October 7, 2024), aim to provide more housing options within areas served by adequate
infrastructure. This progressive legislation acknowledges the critical need for increased housing
inventory for local residents and their families.
Our client, the Lam family, owns one of the lots within the Kamuela Plantation subdivision
(TMK: 3-6-2-007-011) which is zoned RA-2a (Residential-Agricultural 2-acre minimum) and is
located within the State Land Use Rural district. Under the updated County and State
regulations, an accessory dwelling unit is now a permitted use in both the County’s RA zoning
district and the State Land Use Rural district. The Lam’s property location, adjacent to a major
2
roadway and in close proximity to the town of Waimea, makes it a prime and logical site for the
integration of an accessory dwelling unit to help address the pressing need for more housing for
local residents and their family members.
The Lam family is seeking to construct an accessory dwelling unit on the property for their son
to reside on this family property. The Lams recognize the importance of community impact and
have proactively engaged with the owners of the surrounding properties within a 300-foot radius
to inform them of their intent and determine if there is any objection from these immediate
neighbors. We are pleased to report that the Lams have not received any objections from their
neighbors regarding this proposal to eliminate this prohibition of ADUs on their property. Also
attached is a letter dated May 20, 2025 from the State DLNR, which is one of the adjacent
landowners, stating the State has no objection to the proposed elimination of the ADU
prohibition in their subdivision. We have also informed all of the remaining property owners
within the Kamuela Plantation Subdivision (whose properties are outside of the 300-foot radius)
and have not heard back any concerns from these subdivision property owners.
The Lams are committed to ensuring that the proposed ADU will not burden existing County
infrastructure. They have communicated with Dane Hiromasa at the State Health Department
who advised that they will be able to hook into the existing septic system on the property
because the system is sized for four bedrooms. The Lam’s existing residence is three bedrooms
and the planned ADU will have one bedroom, for a total of four bedrooms to be served by the
existing four-bedroom capacity septic system. With respect to water, the Lams understand they
are currently unable to obtain an additional water meter for their ADU and are not permitted to
tap into their existing permitted water line. However, as advised by the Planning Department,
the Lams will be able to construct a catchment system to provide water to the ADU. The
proposed catchment system will be shown on the ADU building permit drawing and application.
Given that this request directly aligns with the goals and intent of the new ADU legislation, will
not burden County infrastructure, and has received general support from neighboring residents,
we respectfully request your assistance with submitting this request for an amendment to
Rezoning Ordinance 02-93 to the Hawai’i County Council on behalf of the Lam family, in order
to remove the prohibition on an accessory dwelling unit (Condition D of the ordinance).
I have included a Declaration signed by Clemson and Janet Lam with supporting documentation.
Thank you for your time and consideration of this important matter. We look forward to your
guidance and support in moving this request forward.
Sincerely,
Margaret Wille, Esq.
Attorney for Clemson and Janet Lam
Cc: James E. Hustace, County Council District 9
~
DECLARATION OF CLEMSON LAM AND JANET LAM
We, CLEMSON LAM and JANET LAM, under pain oflaw, do hereby state and declare
as follows:
1. We are residents of the County and State ofHawai'i and owners of a 2.997 acre property in the
Kamuela Plantation subdivision identified by the County of Hawai'i as TMK: 3-6-2-007-011
("Lot 2-A-2")
2. Our property is located proximate to mile marker 61, at 62-2039A Kawaihae Road, Kamuela,
Hawai'i 96743.
3. This Declaration is written in support of our request to amend Rezoning Ordinance 02-93 to
remove its current prohibition of an Accessory Dwelling Unit (ADU).
4. We request to remove this prohibition to allow for the construction of an ADU on our property
for our son Carl Lam.
5. In 2002 we purchased a five-acre lot by Warranty Deed described as Kamuela Plantation "Lot
2". There was no restrictive covenant contained in the deed, a copy of which deed is attached as
Exhibit ("Ex.") 1
6. Later in 2002 we subdivided our lot into two parcels, our lot 2-A-2 being 2.997 acres in size, and
a second parcel Lot 2-A-1 being 2.003 in size.
7. The rezoning ordinance for our subdivision, Rezoning Ordinance 02-93 dated August 26, 2002,
as passed by the County Council, contains a prohibition against construction of a second
dwelling unit. Specifically the subject prohibition is as follows:
Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes
on each lot.
See Ex. 2 Page 3 of Rezoning Ordinance 02-93 with Section 2(D) which is being requested to
delete and replace; and Ex. 3 Rezoning Ordinance 02-93 in its entirety.
,8. Attached to Rezoning Ordinance 02-93 as its Exhibit A is the County's map of our original lot
indicating that by amendment of Zoning Code Section 25-8-7, the District Classification of the
5-acre parcel was changed from Agricultural (A-5a) to Residential and Agricultural (RA-2a).
------._ 9. In the Declaration of Restrictive Covenants for our 2002 subdivision recorded in the Bureau of
Conveyances on March 11, 2004 as Doc. No. 2004-050733, there is a corresponding prohibition
against construction of a of a second dwelling unit. See Ex. 4 Declaration of Restrictive
Covenants, page 2 subsection 1. A copy of the 2002 Declaration of Restrictive Covenants.
10. In 2005 we sold the other lot in our subdivision, Lot 2-A -1.
11. In 2006 we constructed our home on the other subdivision parcel Lot 2-A-2, where we continue
to reside today.
12. We are now requesting that the County amend Subdivision Ordinance 02-93, or take such other
steps to eliminate the subject zoning restriction, and approve amendment of our subdivision's
Declaration of Restrictive Covenants so as to permit construction of a ADU on our property.
13. We are making this request because in 2024 the County of Hawai'i passed Ordinance 24-70
which now permits residents to construct ADUs on RA-zoned property.
14. We understand that pursuant to Ordinance 24-70, an ADU must be limited in size to 1250 square
feet ofliving space, exclusive of any lanai, garage, or carport, and is also subject to applicable
water and septic system requirements.
-----.__ 15. Eliahu and Emma Pessah are the owners of the other lot in our subdivision. lot 2-A-1. Eliahu and
Emma Pessah do not object to the removal of the prohibition against construction of a of a
second dwelling unit for our subdivision. Attached as Ex. 5 is a copy of the Declaration of
Eliahu and Emma Pessah dated June 2, 2025, stating that they have no objection to our request.
16. Ex. 6 is a copy the relevant section of the County ofHawai'i real property tax map ofKamuela
Plantation Subdivision showing the location of the eight parcels that are located within 300 feet
of our lot, Lot 2-A-2.
17. We notified in writing all of the other property owners whose property is within 300 feet of our
Lot 2-A-2 of our proposed request to amend Rezoning Ordinance 02-93 in order to construct a
ADU on our property. None of these neighboring property owners objected to our request to
amend Rezoning Ordinance 02-93. Attached as Ex. 7 is a list of the property owners whose
property is located within 300 feet of our lot Lots 2-A-2 and their addresses.
18. Another of the property owners located with 300 feet of our lot is the State of Hawai'i
Department of Land and Natural Resources "D LNR". Attached as Ex. 8 is the letter from the
DLNR dated May 22, 2025, advising that the State has no objection to our request to remove the
prohibition against constructing an ADU on our Lot 2-A-2.
2
.--... 19. We have also notified in writing the remaining property owners in the Kamuela Plantation
subdivision whose properties are located beyond 300 feet from our lot 2-A-2, informing them of
our request to amend Rezoning Ordinance 02-93. None of these property owners have objected
to our request to amend Rezoning Ordinance 02-93. Ex. 9 is a list of all Kamuela Plantation
subdivision property owners and their addresses, each of whom we notified in writing.
20. Also included is a copy of the Kamuela Plantation Company's Amendment to Declaration of
Covenants, Conditions, and Restrictions for Kamuela Plantation Unit 1 dated December 13,
1983. Said Amended Declaration of Covenants does not prohibit Secondary dwelling units. The
· specific provision in the Amended Declaration of Covenants provides:
Use of Property. All subdivision lots and every portion thereof shall be used
only for purposes permitted by applicable law for the time being applicable
thereto, and no building other than a single dwelling house designed and built
for the use and occupancy of a single family shall be constructed, placed or
maintained on any subdivision lot, provided that additional dwellings under
"ohana" zoning laws, servants quarters and guest quarters and other buildings
allowed under applicable law and by these covenants may be constructed and
placed or maintained in conformity with County and State laws and regulations
and if the building of such structure otherwise conforms with these covenants,
conditions and restrictions; provided that no quonset hut, trailer, mobile home,
shack, tent, temporary buildings or structures, or outdoor privy shall be erected
or placed upon any lot.
21. Ex. 10 Amended Declaration of Covenants, at page 2, section 1.
FURTHER DECLARANTS SA YETH NAUGHT.
We, CLEMSON LAM and JANET LAM, do declare under penalty of law that the
foregoing is true and correct to the best of our knowledge.
DATED: Kamuela, Hawaii 96743, July~: ~
Signed: (,/;/~~
Clemson Lam
/2anetLam
3
Index of Exhibits
Exhibit 1 2002 Warranty Deed to Clemson and Janet Lam: Kamuela
Plantation “Lot 2”
Exhibit 2 Rezoning Ordinance 02-93, dated August 26, 2002, Page 3.
Exhibit 3 Rezoning Ordinance 02-93, dated August 26, 2002, in its entirety
Exhibit 4 2002 Declaration of Restrictive Covenants – recorded in the Bureau
of Conveyances on March 11, 2004 as Doc. No. 2004-050733
Exhibit 5 Declaration of Eliahu and Emma Pessah
Exhibit 6 Real property tax map of Kamuela Plantation Subdivision indicating
the location of parcels that are located within 300 feet of Lot 2-A-2
Exhibit 7 List of the property owners having property within 300 feet of Lot 2-
A-2
Exhibit 8 May 22, 2025 letter from the Hawai‘i Department of Land and
Natural Resources
Exhibit 9 List of the remaining Kamuela Plantation subdivision property
owners and their addresses (those outside the 300-foot radius of
Lam’s TMK 3-6-2-007-011)
Exhibit
10
Kamuela Plantation Company’s Amendment to Declaration of
Covenants, Conditions, and Restrictions for Kamuela Plantation Unit
1 dated December 13, 1983.
EXHIBIT 130/06/2025, 13: 50
I ' {
LAND COURT SYSTEM
Return by: MAIL ( ) PICKUP ( X ) TO:
CLEMSON K. M. LAM
JANETM.LAM
66-1674 Kawaihae Road
P. 0. Box 1893
Kamuela, HI 96743
TITLE OF DOCUMENT:
Warranty Deed.pgl .jpeg
R-528 STATE OF HAWAII
BUREAU OF CONVEYANCES
RECORDED
MAR 01 , 2002 08:02 AM
Doc No(s) 2002-037410
Ill I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I Ill
ACTING
is/ CARL T. WATANABE
REGISTRAR OF CONVEYANCE
CONVEYANCE TAX: $245.00
REGULAR SYSTEM
TITLE NO.:
ESCROW NO.:
l1 (\.,r'
200202647 -LJ ) 0
AZ-303-0045 ~
SANDY C. SHORE
TOT AL NUMBER OF PAGES
WARRANTY DEED
PARTIES TO DOCUMENT:
GRANTOR:
GRANTEE:
HAWAII PREPARATORY ACADEMY, a Hawaii non-profit corporation,
whose mailing address is 65-1692 Kohala Mountain Road, Kamuela, ID 96743
CLEMSON K. M. LAM and JA.t~T M. LA1'1, husband and wife, whose
mailing address is 66-1674 Kawaihae Road, P. 0. Box 1893, Kamuela, HI
96743
TAX MAP KEY (3) 6-2-007-002 4088030.2.MSW/Kl3983A/2-15-02
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30/06/2025, 13:50 Warranty Deed.pg2jpeg
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That HAW All PREP ARA TORY ACADEMY, a Hawaii non-profit corporation,
whose mailing address is 65-1692 Kohala Mountain Road, Kamuela, HI 96743, hereinafter called
the "Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable consideration to the Grantor paid by CLEMSON K. M. LAM and
.JANET M. LAM, hl!sb.an.~ and wife, whose mailing address is 66-1674 Kawaihae R?ad, P. 0.
~Box 1893, Kamuela, HI 96743 , hereinafter called the "Grantee", the receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell and convey unto the Grantee all of that certain real
property designated on the tax maps of the Third Taxation Division, State of Hawaii, as Tax Map
Key 6-2-007-002, more particularly described in Exhibit A attached hereto and made a part hereof,
subject to the encumbrances noted therein.
TOGETHER WITH ALL and singular the buildings, improvements, rights,
tenements, hereditaments, easements, privileges and appurtenances thereunto belonging or
appertaining or held and enjoyed in connection therewith.
TO HA VE AND TO HOLD the same unto the Grantee, as tenants by the entirety,
their assigns and the survivor of them, and the heirs, personal representatives, and assigns of the
survivor of them, in fee simple forever.
AND THE SAID GRANTOR does hereby covenant with the Grantee that the
Grantor is lawfully seised in fee simple of said granted premises and that the said premises are free
and clear of all encumbrances except as aforesaid, and except for assessments for real property taxes.
And the said Grantor further covenants and agrees that the Grantor has good right to sell and convey
the said premises in the manner aforesaid; that the Grantor will WARRANT AND DEFEND the
same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid.
The parties hereto agree that this instrument may be executed in counterparts, each
of which shall be deemed an original, and said counterparts shall together constitute one and the
same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory
2
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to the original or the same counterparts. For all purposes, including without limitation, recordation,
filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the
counterparts may be discarded and the remaining pages assembled as one document.
IT IS l'vfUTUALLY AGREED that the terms "Grantor" and "Grantee", as and when
used hereinabove or hereinbelow shall mean and include the masculine or feminine, the singular or
plural number, individuals, associations, trustees, corporations or partnerships, and their and each
of their respective successors in interest, heirs, executors, personal representatives, administrators
and permitted assigns, according to the context thereof, and that if these presents shall be signed by
two or more grantors, _or by_ two or more grantees, all covenants of such parties shall be :md for all
'purposes deemed to be their joint and several covenants.
IN WITNESS WHEREOF, the Grantor has executed these presents on this 45 ., • .f;
day of _-',c;,'-'--c"-"-"P'--'"-''v.=%!.,_., .,._, __ ,;a)""''---' 2002.
APPROVED AS TO FORl\11
CARLSMITH BALL LLP
BY Robert D. Triantos
HAW AIi PREPARATORY ACADEMY, a Hawaii
non-profit corporation
~~~
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Its: (1/,, r· / /--t4,:1 /"JC/cJ /'l/,.?c,c Y
By:
Its:
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B.The applicant, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawai 'i Revised Statutes, relating to permissible
uses within the State Land Use Rural District.
C.Final Subdivision Approval for the subdivision shall be secured within five (5)
years from the effective date of this ordinance. The 10-foot wide driveway
easement, I 0-foot wide no vehicular access planting screen easement, drainage
easement reserve area and the drainage easement that encumbers the area along
Keanuiomano Stream shall be shown and identified on all plans.
D.[DELETE AND REPLACE] Restrictive covenants in the deeds of all the
proposed lots within the subject property shall give notice that the terms of the
zoning ordinance prohibit the construction of a second dwelling unit and
condominium property regimes on each lot. A copy of the proposed covenant(s)
to be recorded with the Bureau of Conveyances shall be submitted to the
Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
E.Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigative measures have been taken.
F.The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies, including the Department of Water Supply and
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EXHIBIT 2
EXHIBIT 330/06/2025, 14:05 ORD02-93pgl .jpeg
COUNTY OF HAW AI'I
2G02 HUG 26 Arl 8 38"
STATE OF HAWAI'I
BILL NO. ·224 PU\t'--!f\llNG DEPARTMENT
COUNTY OF HI\VvAII -----(Draft 4)
~ ORDINANCE NO. 02 93
-----
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HA WAI'I
COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI,
SOUTH KOHALA, HAWAI'I, COVERED BY TAX MAP KEY 6-2-7:2.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA WAI'!:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawai'i County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Ouli, South Kohala,
Hawai'i, shall be Residential and Agricultural (RA-2a):
Beginning at the Northwesterly corner of this parcel of land, being also the
Northeasterly corner of Lot 3-A of this subdivision and being a point on the Southerly
side ofKawaihae Road (F.A.P. NO. N.R.H. 11-C), the c,oordinates of said point of
begitming referred to Government Survey Triangulation Station "PUU PA" being
12,797.73 feet North and 7,739.56 feet West and running by azimuths measured
clockwise from True South:
l. 247° 44' l O" 411.00 feet along the Southerly side of Kawaihae
Road (F.A.P. NO. N.R.H. 11-C) to a point;
2.
3.
337° 44' 425.00 feet along Lot 1 of Kamuela Plantation,
Unit 1 (File Plan 1716)andalongthe
remainder of Royal Patent 2237, Land
Commission Award 8518-B, Apana l to
James Young Kanehoa to a point;
Thence, following along the middle of Keanuiomano Stream and along
Government Land (State of Hawai'i), the
direct azimuth and distance being:
55° 45' 421.85 feet to a point;
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Thence, for the next four (4) courses following along Lot 3-A of this subdivision
and along the remainder of Royal Patent 2237, Land Commission Award 8518-B,
Apana 1 to James Young Kanehoa:
4. 146° 00' 190.00 feet along the remainder of Lot 2 of
Kamuela Plantation, Unit 1 (File Plan 1716)
to a point;
5. 131 ° 02' 287.21 feet along the remainders of Lots 2 and 3 of
Kamuela Plantation, Unit I (File Plan 1716)
to a point;
6. 247° 44' 10" 169.36 feet along the remainder of Lot 3 of
Kamuela Plantation, Unit l (File Plan 1716)
to a point;
7. 157° 44' 1 Q" 70.00 feet along Lot 3 ofKamuela Plantation,
Unit I (File Plan 1716) to the point of
beginning and containing an area of 5.000
Acres, More or Less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai'i County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed wi th respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, its successors or assigns shail be responsible for complying with all
of the stared conditions of approval.
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The applicant, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawai'i Revised Statutes, relating to permissible
uses within the State Land Use Rural District.
C. Final Subdivision Approval for the subdivision shall be secured within five (5)
years from the effective date of this ordinance. The 10-foot wide driveway
easement, 10-foot wide no vehicular access planting screen easement, drainage
easement reserve area and the drainage easement that encumbers the area along
Keanuiomano Stream shall be shown and identified on all plans.
D. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohlbit the
construction of a second dwelling unit and condominium property regimes on
each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval
prior to the issuance of Final Subdivision Approval. A copy of the recorded
document shall be filed with the Planning Depru:;tment upon its receipt from the
Bureau of Conveyances.
E. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shal1 cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigative measures have been taken.
F. The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies, including the Department of Water Supply and
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the Department of Health.
Should the Hawai'i County Council adopt a Unified Impact Fees Ordinance
setting forth criteria for imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance.
H. An initial extension ohime for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen o~ are beyond the control of the applicant, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3 .' Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. 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).
5. If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
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I. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or
more appropriate designation.
SECTION 4. In the event that any po1tion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its approval.
----~H~i=l~o __ , Hawai'i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
July 3, 2002
July 3, 2002
July 31, 2002
August 19,2002
642.3
INTRODUCED BY: .· • :
;,:;~/'-.Li;:::.~~/~--~~:-~-~~ ~, S,-.Z~C--_,., ~ ~,,, t~·~· ... -~,:·/
··cd6NcrL MEMBER, COUNTY OF HA WAI'I
-5-
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OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
(DR.J\FT 3)
JntroducedBy: Bobby Jean Leithead-Todd
Date lntroduced: J ul y 3, 2 002 Arakak i
First Reading: July 3, 2002 Chung
Published: _N_:._/A ___________ _ Elarionoff
Jacobson
REMARKS: Leithead-Todd
Pisicchio
Safarik
Tyler
Yagong
(DRAFT 4)
Second Read11ig: July 31, 2002
To Mayor: August 8 , 2002
Returned: Augus t 20, 200 2 Arakak\
Effective:
PLtblished:
August 19, 2002
September 3, 2002 Chung
Elarionoff
Jacobson
REMARKS: Leithead-Todd
Pisicchio
Safarik
Tyler
Yagong .
ROLL CALL VOTE
AYES NOES
X
X
X
X
X
5 0
ROLL CA LL VOTE
AYES NOES
X
X
X
X
X
X
X
6 1
ABS
X
X
X
X
4
ABS
X
X
2
I DO HEREBY CERTIFY that the f oregoing BILL was adopted by the County Council published as
indicated above. • ··\ ✓-"--~;;-:: ·!.,, _
APPROVED AS TO ·1'IW1d~~tldi, -
FORM AND LEGALITY: -.,,f.' (.,,~· -..,
OEPUTYC OR ION COUNSEL
COUNTY OF HAWAII
Date ¢'y' v'Z-.
day
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UNC/l CHA IRlv!AN
Bill No.: 2 2 4, Dr a ft 4
Reference: C-642 .3/PC-87
Ord No.: 02, 93
EX
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EXHIBIT 4
STATE OF HAWAII )
) ss.
COUNTY OF HAW All )
On this 5~ day of ~ ~ , 2004, before me personally appeared
CLEMSON K.M. LAM, to me personally known, who, being by me duly sworn or affirmed, did
say that such person executed the foregoing instrument as the free act and deed of such person,
and if applicable in the capacity shown, having been duly authorized to execute such instrument
in such capacity.
~~~
Printed~~~~,.__ ~~0 ~...._
Notary Public, State of Hawaii
My commission expires:{)\-\ i-t>~
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII )
On this r#--day of \'\\~ , 2004, before me personally appeared
JANET M. LAM, to me personally known, who, being by me duly sworn or affirmed, did say
that such person executed the foregoing instrument as the free act and deed of such person, and if
applicable in the capacity shown, having been duly authorized to execute such instrument in such
capacity.
~-0.·
PrhrtedNe!~<""\~'-~~o~,
Notary Public, State of Hawaii
My commission expires: 0\-\ ~-t>t
4
All of that certain parcel ofland (being portion of the land(s) described in and
covered by portions of Lots 2 and 3 ofKamuela Plantation, Unit 1 (File Plan 17]6) and Royal
Patent 223 7, Land Commission Award 8518-B, Apana 1 to James Y mmg Kanehoa) situate, lying
and being on the southerly side ofKawaihae Road (F.A.P. NO. R.R.H. 11-C) at Ouli, South
Kohala, Island and County of Hawaii, State of Hawaii, being LOT 2-A of the 'KAMUELA
PLANTATION UNIT I" and thus bounded and described as per survey prepared by Crystal
Thomas Yamasaki, Land Surveyor with Wes Thomas Associates, dated March 6, 1995:
Beginning at the northwesterly comer of this parcel of land, being also the
northeasterly comer of Lot 3-A of this subdivision and being a point on the southerly side of
-Kawaihae Road (F.A.P. NO. N.R.H. 11-C), the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU PA" being 12,797.73 feet north and 7,736.56
feet west and running by azimuths measured clockwise from true South.
1.
2.
3.
4.
5.
6.
247° 44' 10" 411.00
337° 44' 10" 425.00
feet along the southerly side ofKawaihae Road
(F.A.P. NO. N.R.H. 11-C) to a point;
feet along Lot 1 ofKamuela Plantation, Unit 1 (File
Plan 1716) and along the remainder of Royal Patent
2237, Land Commission Award 8518-B, Apana 1
to James Young Kanehoa to a point;
Thence, following along the middle ofKeanuiomano Stream and along Government
Land (State of Hawaii), the direct azimuth and
distance being:
55° 45' 421.85 feet to a point;
Thence, for the next four (4) courses following along Lot 3-A of this subdivision and
along the remainder ofRoyai Patent 2237, Land
Commission Award 8518-B, Apana 1 to James
Young Kanehoa:
146° 00'
131° 02'
247° 44' 10"
190.00 feet along the remainder of Lot 2 ofKamuela
287.21
169.36
Plantation, Unit 1 (File Plan 1716) to a point;
feet along the remainders of Lots 2 and 3 of
Kamuela Plantation, Unit 1 (File Plan 1716) to a
point;
feet along the remainder of Lot 3 of Kamuela
Plantation, Unit 1 (File Plan 1716) to a point;
EXHIBIT "A"
Page 1 of2
lMANAGEDB:521056. l
1. 157° 44' 10" 70.00 feet along Lot 3 of Kamuela Plantation, Unit 1 (File
Plan 1716) to the point of beginning and containing
an area of 5.000 acres, more or less.
Being the premises described in the following:
WARRANTY DEED
GRANTOR
GRANTEE
DATED
RECORDED
HAWAII PREPARATORY ACADEMY, a
Hawaii nonprofit corporation
CLEMSON K.M. LAM and JANET M. LAM,
husband and wife, as tenants by the entirety
February 25, 2002
Document No. 2002-037410
SUBJECT, HOWEVER to all liens and encumbrance of record.
IMANAGEDB:521056. l
EXHIBIT "A"
Page 2 of2
EXHIBIT 5
DECLARATION OF ELIAHU E. PESSAH AND EMMA C. PESSAH
We, ELIAHU E. PESSAH and EMMA C. PESSAH, as co-trustees of the ELIAHU
E. PESSAH and EMMA C. PESSAH Revocable Trust dated November 3, 2022, under pain
of law, do hereby state and declare as follows:
1. We are individuals over the age of twenty-one (21) years and residents of the State
and County of Hawai ' i.
2. The ELIAHU E. PESSAH and EMMA C. PESSAH Revocable Trust dated
November 3, 2022, of which we are the co-trustees, owns the property in the
County of Hawaii, identified as Tax Map Key (3)-6-2-007-002, located at 62-2039
Kawaihae Road, Kamuela, Hawai'i 96743 .
3. Our mailing address is 62-2039 Kawaihae Road, Kamuela, Hawai 'i 96743.
4. Our neighbors, Clemson and Janet Lam, are requesting to remove a subdivision
covenant that prohibits a second dwelling on their property, identified as Tax Map
Key (3)-6-2-007-011, le-cated at 62-2039A Kawaihae Road Kamuela Hawai'i
96743.
5. We have no objection to the removal of the covenant prohibiting a second dwelling.
FURTHER DECLARANTS SAYETH NAUGHT.
I, ELIAHU E. PESSAH, in the capacity of co-trustee of the ELIAHU E. PESSAH
and EMMA C. PESSAH Revocable Trust dated November 3, 2022, do declare under
penalty of law that the foregoing is true and correct to the best of my knowledge.
Dated~2025
I, EMMA C. PESSAH, in the capacity of co-trustee of the ELIAHU E. PESSAH and
EMMA C. PESSAH Revocable Trust dated November 3, 2022, do declare under penalty of
law that the foregoing is true and correct to the best of my knowledge.
Dated: 2Jf[e., 2--, 2025 f(a-.-t{ ",_ , Hawai'i
Signed ~ ~~
2
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KAMUELA PLANTATION, UNIT I, F. P. 1716, OULI, S. KOHALA, HAWAIJ(Formerly 6-2-01-1/J
,,,
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L A L A i!./J
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,Oil PIOHl:TY ASSISSMINT PUI.POSI.S
SU&JKT TO CHANGI
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OU'A.,...tMT.u.&1'0N NOPU1'Y TICMNKAl OH'IU
TAX MAPS INANCN •••1t0f MAWM
TAX MAP
THIRO TAXATION OISHIC1
ZONE SK. Pl.AT
6 2 07
SCAl!, I IN, = 200 FT.
1.ELIAHU & EMMA PESSAH
TMK (3)-6-2-007-002
62-2039 Kawaihae Road
Kamuela, Hawai‘i 96743
2.DERRICK & SHIRLEY ANN FUKUMOTO
TMK (3)-6-2-007-003
62-2041 Kawaihae Road
PO BOX 6125
Kamuela, Hawai‘i 96743
3.KLEM & JAN KANIHO
TMK (3)-6-2-001-012
62-2104 Kawaihae Road
Kamuela, Hawai‘i 96743
4.GTY2 LLC
FIDAA ALGOSAIBI
TMK (3)-6-2-010-052
62-2082 Kawaihae Road
PO BOX 211
Kamuela, Hawai‘i 96743
5.JAN MALASEK & CANDICE KAMACHI
TMK (3)-6-2-007-004
62-2043 Kawaihae Road
Kamuela, Hawai‘i 96743
Mailing address:
2815 Belmont Dr
Henderson NV 89074-6418
6.COUNTY OF HAWAII
TMK (3)-6-2-007-001
7.STATE OF HAWAII
TMK (3)-6-2-001-001
8.GREGORY & KRISTEN GARCIA
TMK (3)-6-6-001-002
66-1466 Kamala Road
Kamuela, Hawai‘i 96743
EXHIBIT 7
EXHIBIT 8
DAWN N. S. CHANG
CHAIRPERSON JOSH GREEN, M.O.
GOVERNOR I KE 1<1A'AINA
..
so
~~ BOARD OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE MANAGEMENT
SYLVIA LUKE
LIEUTENANT GOVERNOR KA HOPE KIA AINA
~ ·"~ -,,. ........ ,~
STATE OF HAWAl'I I KA MOKU'AINA '0 HAWAl'I
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
By Electronic Transmission
c.lam4@hawaiiantel.net
Clemson and JP Lam
P.O. Box 1893
Kamuela HI 96743
Dear Mr. and Mrs. Lam:
180 Katanikoa Street
Hilo. Hawafr 96720
PHONE; 1808) 961 •9590
May 20, 2025
Subject: Deed Amendment Request, TMK: (3} 6-2-007:011,
Kamuela Plantation, Kamuela, Hawaii
We are in receipt of your letter dated May 6, 2025, wherein you are proposing to
build an Accessory Dwelling Unit (ADU) on your subject real property.
As an adjacent landowner, the State of Hawaii, Department of Land and Natural
Resources, Land Division, has no objection to your requesting an amendment to the
related rezoning ordinance to construct an ADU.
If you have any questions regarding this matter, please contact me at the Hawaii
District Land Office at (808) 961-9590. Thank you.
cc: District Files
Central Files
Land Board Member
Candace Moore
Acting District Land Agent
Additional Property Owners In Kamuela Plantation Subdivision
1.John B. Fishback
P.O. Box 538
Kamuela, HI 96743
TMK 3-6-002-007:005
2.Donna Gardner
P.O. Box 1657
Kamuela, HI 96743
TMK 3-6-002-007:006
3.Jana Niefer
2815 Belmont Dr.
Henderson, NV 89074-6418
TMK 3-6-002-007:008
4.Sandra Chiyako Pires TR
1264 Kalaniiki St.
Honolulu, HI 96821-1213
TMK 3-6-002-007:007
5.Eva Naniole TR
62-2118 Kawaihae Rd
Kamuela, HI 96743
TMK 3-6-002-007:009-0001
6.John K. Spielman TR
62-2118 Kawaihae Rd
Kamuela, HI 96743
TMK 3-6-002-007:009-0002
7.Jody Brotman
P.O. Box 1025
Kamuela, HI 96743
TMK 3-6-002-007:010-0001
8.William and Cathleen Jardine TR
P.O. Box 1377
Kamuela, HI 96743
TMK 3-6-002-007:010-0002
EXHIBIT 9
EXHIBIT 10
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,It
Rf.CORDATION REQUESTED BY:
AFTER RECORDATION, RETURN TO:
ROY Y. TAKEYAMA, ESQ.
1188 Bishop Street
Suite 3404
Honolulu, Hawaii 96813
RETURN BY: MAIL ( ) PICKUP (
( .... :-, , --',. p 2 :! 5 I
17525 JOO ·---·,:;
=====---=-k~~===================
SPACE ABOVE THIS LINE FOR REGISTRAR'S USE
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR KAMUELA PLANTATION UNIT I
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, KAMUELA PLANTATION COMPANY, a registered
Hawaii limited partnership, whose pri ncipal place of business
and post office address is 1188 Bishop Street, Suite 3404,
Honolulu, Hawaii 96813, (hereinafter referred to as "Granter")
is the owner in fee simple of Lots 1, 2, 3, 4, 5, 6 , 7 and 8
and is the Agreement of Sale seller of Lots 9 and 10; said
real property is more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes knoWl'
as the KAMUELA PLANTATION UNIT I (hereinafter referred to as the "Subdivision"); and
WHEREAS, Grantor, the owner of eighty percent (80%)
of the l ots described hereinabove, desires to amend the
Declaration of Covenants, Conditions and Restrictions for Kamuela Pl antati on Unit I and subject said lots together with
such improvements and additions as hereinafter may be made there-to, to the covenants, restrictions, easements , and conditions
hereinafter set forth, each and all of which is and are for the
benefit of said real property and each owner thereof;
NOW, THEREFORE, Granter hereby makes the following
declarations as to limitations. restrictions, and uses to which
the lots consti tuting the real property described i n Exhibit
"A" may be put and hereby specify that such declarations shall
constitute covenants running with the land, as provided by law ,
and shall be binding on and for the benefit of Grantor its successors and assigns, and all subsequent owners and all parties
having any right , title or interest in the described properties
of any part thereof, and their respective heirs, successors , legal representatives and assigns, this Declaration being de-
signed for the purpose cf keeping said subdivision desirable,
uniform and suitable in design and use as specified herein:
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17525 302
The exterior of a p,incipal dwelling shall be substantially
compl~ted and painted within six (6) months after commencement
of construction. No building shall be occupied prior to final
inspection and issuance of a certificate of occupancy or simi-
lar consent from the County government and no accessory building
shall be occupied prior to the issuance of said certificate of
occupancy for a principal dwelling. Driveways shall be installed
prior to occupancy of any dwelling. The term "commencement of
construction" shall include preliminary building site work.
2. Successive Terms and Amendments. The foregoing
covenants, conditions, and restrictions shall continue in force
and effect and shall bind each lot owner, each lot owner's
heirs, personal representatives and assigns, for a term of
nineteen (19) years from the recordation of this Declaration
in the Bureau of Conveyances of the State of Hawaii, after which
time they will be automatically extended for another ten (10)
year period unless an instrument, signed by the owners of a
majority of the lots in the Subdivision is 1ecorded in the Bureau
of Conveyances of the State of Hawaii. This Declaration may be
amended at any time by the affirmative vote of eighty percent
(80%) or more of the owners of the lots in the subdivision;
provided, however, that during the five (5) year period running
from the date of the Declaration any amendment hereof shall
additionally require the approval of the Grantor or its
successors or assigns. Any amendment of this Declaration shall
not take effect until an instrument amending the same is duly
executed by the required number of lot owners, and Grantor, if
required and recorded with the Bureau of Co~veyances. Said
instrument may be signed and filed in counterparts. Where lots
are owned by more than one person, the vote may be made by any
one of the lot owners. If there is a dispute amongst the several
owners of any one lot, each owner shall be entitled to a vote
equal to the percentage interest owned.
3. Covenants to Run with Land. All of the foregoing
restrictive covenants shall run with the land and any Deed,
Mortgage, Agreement of Sale or Lease shall state that the land
described in any such document is subject to these restrictive
covenants.
4. Enforcement. Legal action may be taken by the Granter, its successors and assigns or any owner of lots in
the subdivision to restrict or prevent by injunction,· mandatory or restraining, any violation of any of these covenants, con-
ditions and restrictions without prejudice to the right of the
Grantor or its successors and assigns or any other owner of any
lot in the subdivision, to adopt or pursue any other remedy
thereafter for the same breach or failure, or for any subsequent
breach or failure, or to adopt or pursue suitable process to
recover damages for any such breach or failure. The Grantor
shall retain its rights to enforce these covenants for so long
as the Grantor retains any ownership interest or any security
interest in any lot in the subdivision. Neither the Grantor
nor any of the lot owners shall have any legal obligation to
enforce these covenants, conditions and restrictions.
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17525 305
EXHIBIT "A"
Al\ of that certain parcel of land, being a portion of
Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to
James Young Kanehoa situ~te on the southerly side of Kawaihae
Road at Ouli, South Kohala, Island of Hawaii, Hawaii and thus
bounded and described:
Beginning at the North corner of this parcel of land and
on the Southerly side of Kawaihae Road, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "PUU PA" being 13,527.13 feet
North and 4653.97 feet West, thenoe running by azimuths
measured clockwise from True South:
1 • 345° 16 I 10"
2. 770 22' 45"
3. 39° 10'
4. 710 56'
5. t,9° 18' 31"
6. 146° 25'
96.15 feet along the remainder of
Royal Patent 2237, Land
Co1I1111ission Award 8518-B,
Apana 1 to James Young
Kaneoha;
2347_06 feet;
1698.00 feet;
1388.00 feet;
396.58 feet;
270.00 feet
Thence along the middle
of Keanuiomano Stream,
along the Government Land
of Lalamilo, for the next
four (4) courses, the direct
azimuth and distance between
points being:
thence
along the remainder of
Royal Patent 2237, Land
Commission Award 8518-B,
Apana 1 to J~es Young
Kaneoha;
https://mail.google.com/mail/u/1/#inbox/FMfcgzQbfxgcgPczXjCPWCWTvLKhQVrS?projector=l II I
30/06/2025, 13:54 AD-CCRpg7 .jpeg
17525 306
7. 189° 25' 650.00 feet along same;
r
Thence along the Southerly
side of Kawaihae Road, on a
curve to the left with a
radius of 507.50 feet, the
azimuth and distance of the
chord being:
8. 256° 32' 20" 394.60 feet;
9. 233° 39 I 40" 782.16 feet along same;
10. 257° 27 I 50" 300.79 feet along the Government Land of
Kapia;
11. 235° 47' 50" 653.03 feet along the Government Land of
Pauahi;
12. 247° 44' 10" 635.17 feet along the Southerly side
of Kawaihae Road;
Thence along same, on a
curve to the right with a
radius of 1880.00 feet, the
azimuth and distance of the
chord being:
13. 257° 38' 10" 646.45 feet;
14. 267° 32' 10" 436.04 feet along same;
Thence along same, on a cUl."ve
to the left with a radius of
1462.50 feet, the azimuth and
distance of the chord being:
15. 261° 24' 10" 312.51 feet;
16. 255° 16' 10" 1230.60 feet along same to the point of
beginning and containing an
Area of 53.10 Acres.
https://mail.google.com/mail/u/1/#inbox/FMfcgzQbfxgcgPczXjCPWCWTvLK.hQVrS?projector=l 1/J
This work was prepared by me
or under my supervision and
construction of this project will
be under my observation
proj. no:
drawn by:
checked by:
date:
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OCTOBER 25, 2025
RESIDENCE FOR :
CLEMSON AND
JANET
LAM
KAMUELA PLANTATIONS
LOT 2A-2
0201.2
2050
2052
2048
2046
2044 2042 2040 2038
20542056
DW
FLR EL: 2042
FLR EL: 2041' 10"
FLR EL: 2041' 11 1/2"
FLR EL: 2041' 6"
FLR EL: 2041' 10"
FLR EL: 2041' 4"
1/2"
2"
4"
1-1/2"
5"
FL
R
E
L
:
2
0
4
1
'
2
"
4"
2"
1 1/2"
5"4"
FLR EL: 2041' 7"
FLR EL: 2041' 10"
FLR EL: 2041' 8"
2"
VALL
E
Y
WATER CATCHMENT
TANK
EXISTING IWS
EXISTING RESIDENCE PROPOSED ADU ADJACENT NEIGHBORSITE PLAN
EXISTING FENCE LINE
DRAINAGE EASEMENT
N O
R
T
H
ELEVATION 2042
ELEVATION 2044
ELEVATION 2044
LEACH FIELD SEE
I WS DRAWINGS
EXISTING FENCE LINE
EXISTING TOPOGRAPHY
PROPOSED TOPOGRAPHYDRAINAGE EASEMENT
NOTE:
WHERE SOLID ROCK IS ENCOUNTERED
AT THE CUT BANK, IT IS DESIRED TO
EXPOSED THE FACE OF THE ROCK IN A
VERTICAL FASHION.
WHERE SOIL IS ENCOUNTERED, USE BOULDERS
TO HOLD SOIL IN PLACE.
1/16” = 1’-0”
EXISTING DRIVEWAY
OVERALL SITE MAP
DETAILED SITE MAP
DW
FLR EL: 2042
FLR EL: 2041' 10"
FLR EL: 2041' 11 1/2"
FLR EL: 2041' 6"FLR EL: 2041' 10"FLR EL: 2041' 4"
1/2"
2"
4"1-1/2"
5"
FLR
E
L
:
2
0
4
1
'
2
"
4"
2"
1 1/2"5"4"
FLR EL: 2041' 7"
FLR EL: 2041' 10"
FLR EL: 2041' 8"
2"
VALLE
Y
Existing Easement 6 For Flowage Purposes (File Plan 1716)
LOT 2-A-2
Existing Easement 6
For Flowage Purposes (File Plan 1716) LOT 2-A-1
WANDERING PROPERTY LINE
(MIDDLE OF KEANUIOMANO STREAM)
PROPOSED ADUEXISTING RESIDNECE
EXISTING NEIGHBOR
EXISTING NEIGHBOR
KAWAIHAE ROAD
TR
U
E
N
O
R
T
H
PROPOSED CATCHMENT TANK
OVERALL SITE MAP
SEE ENLARGEMENT BELOW
1" = 80'-0"
0
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19i 149
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`Ino\. rr2,y
oFHAw... 345 KEKUANAO`ASTREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
September 10, 2025
C
SUEHP' .g2 ;543: 7
E1:':%
TO: Mr. Jeffrey Darrow,Director
Planning Department HAND
FROM: Keith K. Okamoto,Manager-Chief Engineer
SUBJECT: Change of Zone Amendment Application(PL-REZ-2025-000086)
Amendment to Change of Zone Ordinance No. 02-93 (Amend REZ 985)
Applicants: Clemson and Janet Lam
Request: Amendment to Delete Condition D (Prohibition of Second Dwelling)
Tax Map Key 6-2-007:002 and 6-2-007:011
We have reviewed the subject application and have the following comments and conditions.
Please be informed that there is an existing 6-inch waterline within Kawaihae Road fronting the subject parcels.
There are two(2)existing 5/8-inch meters. One(1)meter serving each parcel,which is limited to one(1)unit of
water for each meter. For your information, one(1)unit of water is equal to an average daily usage of 400
gallons.
Please be informed that the Department's existing water system cannot support or provide additional water
beyond the existing services at this time. In order to make water available,extensive improvements and
additions,which may include, but not limited to storage,booster pumps,and distribution facilities,would be
required. Currently, sufficient funding is not available from the Department for such improvements and no time
schedule is set.
Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning
Branch at(808)961-8070,extension 255.
Sincerely yours,
mAmmmtkz.....
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RM:dfg
copy— Margaret Willie&Associates
Eliahu& Emma Pessah Trust
Mr. Clemson and Ms. Janet Lam
Water, Our Most Precious Resource. . . 7(a WaiA ?bane. . .
The Department of Water Supply is an Equal Opportunity provider and employer.