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HomeMy WebLinkAbout2026-01-15 PL-BOA-2026-000128 Petition Aloha! The County of Hawai`i Planning Department has launched its Electronic Processing and Information Center (EPIC) sytem, which allows applicants to submit applications and payments to the Planning Department electronically. What is the EPIC system? The EPIC system is an electronic submittal system only. What does this mean? EPIC replaces the process of mailing/dropping off your completed paper application and fee to the Planning Department; it does not replace the process of filling out the application form. Applicants will still need to download the appropriate Planning Department application form from our website (www.planning.hawaiicounty.gov), fill it out, and collect any supporting documents prior to submittal. How does EPIC affect the application submittal process? With the launch of the EPIC system, the Planning Department is no longer accepting paper applications. All application submittals and payments must be completed through EPIC. I've filled out the application and collected my supporting documents. Now what? • Save your application and documents in PDF form. • Create your user account in EPIC. Visit www.planning.hawaiicounty.gov and click on the Electronic Processing and Information Center banner. You will be redirected to EPIC`s Customer Self-Service (CS S)portal, where you may create a new user account. • Once your account is created, select the application you wish to apply for. During the submittal process: o When prompted to Add Contacts, you may add any person company as a Contact so long as that Contact has their own EPIC user account. Contacts will be able to view your application and any documents associated with your submittal. As some applications may contain personal financial information, please do not add contacts whom you do not wish to be able to access this information. o When prompted to Add Attachments, please upload your PDF file(s). Where do I find out more information about the EPIC system and how to use it? • How-to videos for navigating the EPIC system are available online. o Visit www.planning.hawaiicounty.gov o Click on the Electronic Processing and Information Center banner o On EPIC's welcome page, click Help and scroll through the drop-down menu to view the list of available how-to videos • Need more help? Please contact us: o HILO Main line: (808) 961-8288 o KONA Main line: (808) 323-4770 o Email: planning@hawaiicounty.gov COUNTY OF HAWAI'I r: Electronic Processing and Information Center {EPIC} ■ 1 • + •� + i ..ATE•...■�� County of Hawaii BOARD OF APPEALS Aupuni Center • 101 Pauahi, Suite 3 • Hilo,Hawai`i 96720 (808)961-8288 • Fax(808)961-8742 GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR (Type or legibly print the requested information. See instructions attached.) TYPE OF PETITION (check one): ElAppeal Decision of the Planning Director ❑ Appeal Decision of Director of Public Works SUBJECT PROPERTY(land in question): Tax Map Key (TMK): 7-8-012:002 Area of Property: 0.89-acre State Land Use Designation: Urban / Resort Node (REN) County Zoning: Single-Family Residential Street Address: 78-133 Ehukai St. Kailua-Kona, HI 96740 APPELLANT INFORMATION: Name(s): Trade Winds Productions, Inc. Signature(s): f Date: 01/10/2026 Mailing Address: 1015 Grandview Ave. Glendale, CA 91201 Telephone: (808) 756-8388 Email: shawn@ENAmediahawaii.com Interest in Subject Filming Television Program Property: LANDOWNER INFORMATION: Name(s): Eric Stiles Signature(s)1: Date: Mailing Address: 78-133 Ehukai St. Kailua-Kona, HI 96740 Telephone: (808) 201-3315 Email: eric@alohahomesagents.com APPELLANT REPRESENTATIVE INFO TION eave blank if not applicable): Names Titles : Shawn Pila Signature(s): Date: 01/10/2026 Mailing Address: 94 Ponahawai St. Suite C Hilo, HI 96720 Telephone: (808) 756-8388 Email: shawn@ENAmediahawaii.com 1 Not required if the Landowner is not the Appellant. \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07- PL or PW Dir.docx Revised April 2021 Statement of the nature of Appeal and the Relief Requested. Include Director's decision and decision date: Trade Winds Productions, Inc. respectfully submits this formal appeal in response to the Notice of Violation and Order (NOVO) dated September 19, 2025, and the Reissue Notice of Violation and Order dated December 4, 2025 concerning alleged violations of HRS §205A-71 and Condition 6 of our approved SMA Use Permit Assessment (PL-SAA-2025-00300). We strongly dispute the allegation that artificial lighting from our production directly illuminated or projected toward the shoreline, ocean waters, or neighboring properties. On October 15, 2025, a formal appeal letter and photographic evidence was sent via certified mail to the Hawaii County Planning Dept. at 101 Pauahi St. Hilo, HI 96720, and by email. All documents and certified mail receipt are attached. Statement of how the Director's decision violates the law; or is clearly erroneous; or is arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion: All lighting used during filming was professionally installed, shielded, and directed strictly within the designated film set area. We took extensive care to ensure that illumination did not extend beyond the property boundaries or toward the ocean. Our lighting team followed the same best practices used for controlled outdoor filming nationwide, including downward shielding, beam cut-offs, and light diffusion to avoid glare and overspill. We believe the complaint may stem from the optical effect of viewing elevated production lights from a distance, similar to how stadium or baseball field lighting can appear to shine outward or over water due to height and brightness contrast, even when it is properly directed downward. Such perspective distortion could easily create the impression of outward projection when, in fact, no measurable light trespass occurred. We respectfully question why no courtesy notice, inspection, or citation was issued at the time of the alleged violation. Had we been informed earlier, we would have immediately cooperated and verified compliance through on-site measurements and adjustments. Trade Winds Productions has consistently maintained open communication with County officials and has worked in good faith to follow all SMA and environmental conditions. Statement of any other relevant facts: We have photo and video documentation of filming that clearly show: - Light beams contained within the property boundary. - No measurable spill or glare extending toward the shoreline or neighboring homes. - The lighting setup being consistent with SMA permit conditions and environmental safeguards submitted in our original application. We remain committed to full cooperation with the County of Hawaii and to protecting the integrity of the coastal environment where we film. Mahalo! If there is insufficient space on this form to provide the information, then please include supplemental documents. \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021 INSTRUCTIONS GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR Board of Appeals Rules of Practice and Procedure (RPP) can be reviewed in the Planning Department or on the following website: https://records.hawaiicounty.gov/Weblink/1/doc/34351/Pagel.aspx. For a General Petition for Appeal filed with the Board of Appeals to be considered complete, it must contain the following: 1. A filing fee of two hundred fifty dollars ($250) payable to the County Director of Finance [RPP Section 8-7]. 2. The original in electronic form of the following: 1. The General Petition for Appeal application form above. 2. Supplemental documents that provide the following: a. A description of the property involved in the appeal in sufficient detail for the public to precisely locate the property. b. A statement explaining the nature of the appeal and the relief requested. c. A statement explaining: i. How the decision appealed from violates the law; or ii. How the decision appealed from is clearly erroneous; or iii. How the decision appealed from was arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. d. A clear and concise statement of any other relevant facts. 3. A copy of the Director's decision letter that is being appealed. Note that the Board of Appeals is a separate entity from the Planning Director and Director of Public Works. Pursuant to RPP Section 8-8, you are required to serve a copy of the petition to the Director of the decision being appealed, and to all landowners of the affected property if the landowners are not the Appellants. For questions, please email boardofappeals@hawaiicounty.gov. You may submit the completed petition as a PDF document at the on-line Electronic Processing & Information Center (EPIC). \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07- PL or PW Dir.docx Revised April 2021 Trade Winds Productions, Inc. 1015 Grandview Avenue Glendale, CA 91201 October 10, 2025 Hawaii County Planning Department East Hawaii Office 101 Pauahi St. Suite 3 Hilo, HI 96720 RE: Appeal of Notice of Violation and Order(PL-PVC-2025-00112) Subject Property: 78-133 Ehukai Street, Kailua-Kona, Hawaii TMK: 7-8-012:002 To the Planning Director and Board of Appeals: Aloha mai kakou, Trade Winds Productions, Inc. respectfully submits this formal appeal in response to the Notice of Violation and Order(NOVO) dated September 19, 2025, concerning alleged violations of HRS §205A-71 and Condition 6 of our approved SMA Use Permit Assessment (PL-SAA-2025-00300). We strongly dispute the allegation that artificial lighting from our production directly illuminated or projected toward the shoreline, ocean waters, or neighboring properties. 1. Compliance With Permit Conditions All lighting used during filming was professionally installed, shielded, and directed strictly within the designated film set area. We took extensive care to ensure that illumination did not extend beyond the property boundaries or toward the ocean. Our lighting team followed the same best practices used for controlled outdoor filming nationwide, including downward shielding, beam cut-offs, and light diffusion to avoid glare and overspill. 2. Supporting Evidence We have photographic and video documentation from multiple nights of filming that clearly show: • Light beams contained within the property boundary. • No measurable spill or glare extending toward the shoreline or neighboring homes. • The lighting setup being consistent with SMA permit conditions and environmental safeguards submitted in our original application. 3. Misinterpretation of Visual Appearance We believe the complaint may stem from the optical effect of viewing elevated production lights from a distance similar to how stadium or baseball field lighting can appear to shine outward or over water due to height and brightness contrast, even when it is properly directed downward. Such perspective distortion could easily create the impression of outward projection when, in fact, no measurable light trespass occurred. 4. Lack of Prior Notification or Opportunity to Correct We respectfully question why no courtesy notice, inspection, or citation was issued at the time of the alleged violation. Had we been informed earlier, we would have immediately cooperated and verified compliance through on-site measurements and adjustments. Trade Winds Productions has consistently maintained open communication with County officials and has worked in good faith to follow all SMA and environmental conditions. 5. Request for Review and Dismissal In light of the above, we request that the Planning Department and the Board of Appeals: 1. Review our photographic and video evidence showing that our lighting did not violate HRS §205A-71 or Condition 6. 2. Reconsider and dismiss the issued fine and violation order based on factual compliance. 3. Clarify inspection and complaint procedures to ensure timely communication with permit holders in future productions. We remain committed to full cooperation with the County of Hawaii and to protecting the integrity of the coastal environment where we film. Mahalo for your time and consideration. Please confirm receipt of this appeal and advise on the next procedural steps for Board review. Respectfully, j' Shawn Pila Trade Winds Productions, Inc. (808) 756-8388 shawn@ENAmediahawaii.com d/ ,,.� �rv�i. . ...;� 4S:t ry� m..,.�.:,rJ�,hM Apr`; ^:Giiti�,,,;Pr t �.."""., F,;�"r- f t;:fx<"u .l ) ! r., (tw 9"'.romp ��M. ,. rcrvw "'., ,e.. `...,1 r 1) �., it;ve .,;r.(pfi f„.r.: »,'.,, )..'i: rr&,d{{{SL I, ,, tt �( iit, X'�I S , ..; uuww•w;, "w�Rti"^ Y�w,r vX , "; I -+X;Srr^m i S :'�;,a'n7. 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Learn More X Gmail Q mrrodneyfrazier@gmail.com X •Active •• Q ` 3 + is: (Google 414,D ® Compose 8 0 Er Ei © e D 8 of many < > Mail Appeal Submission-Notice of Violation PL-PCV-2025-00112 D E Z 0 0 Inbox 1,286 Chat * Starred Summarize this email a © Snoozed Meet D •Important • p s ��' Shawn Pila<shawn@enamediahawaii.com> C�Wed,Oct 15,2025,3:59 PM E-i D Sent " `'' to Amelia.Uribe,Elizabeth.Gillis,Alex,Planning,Joel.Rathje,Merrick.Nishimoto,Clifford.Victorine,Benson.Medina,john.harvey,Rodney,Matt,Monica,Jennifer D Drafts Aloha mai kakou, Cl Spam 64 On behalf of Trade Winds Productions,Inc.,please find attached our formal appeal regarding the Notice of Violation and Order(PL-PCV-2025-00112)dated + September 19,2025,concerning the lighting used during filming at 78-133 Ehukai Street,Kailua-Kona. ►D Categories We are submitting this appeal to clarify the facts and provide documentation showing that our production lighting was fully compliant with the SMA permit conditions. -- More All lighting was professionally installed,directed,and shielded to remain within the permitted film set area and not spill onto the ocean or neighboring properties.All photo and video assets referenced in this appeal can be found HERE. Labels --1-- A hardcopy of this appeal has also been mailed to your office via certified mail for your records. 1111 'Olelo Hawai'i 14 We respectfully request confirmation of receipt of this appeal and guidance on the next procedural steps for review by the Planning Director and/or the Board of Appeals.Please also let us know if any additional materials or documentation are required to complete the submission process. ▪ [Imap]/Drafts Mahalo for your time and assistance. ADIDAS ▪ Adobe Warm regards, Amazon Shawn Pile ▪ Animoto Trade Winds Productions,Inc. Apple (808)756-8388 L