HomeMy WebLinkAbout2026-02-02 PL-BOA-2026-000128 Record on Appeal JEFFREY W. DARROW
PLANNING DIRECTOR
COUNTY OF HAWAI' I
101 Pauahi Street, Suite 3
Hilo, HI 96720
Telephone No. (808) 961-8288
IN THE BOARD OF APPEALS
COUNTY OF HAWAI' I
STATE OFHAWAI'I
TRADE WINDS PRODUCTIONS, LLC )
BOA-2026-000128
Appeal of Planning Director's Decision
Dated December 4, 2025,Notice of
Violation and Order PL-PCV-2025-00112
Appellant, )
vs. )
JEFFREY W. DARROW )
PLANNING DIRECTOR )
COUNTY OF HAWAI' I )
Appellee. )
INDEX TO RECORD ON APPEAL
INDEX TO RECORD ON APPEAL
Appeal of the Planning Director's Decision of December 4, 2025,Notice of Violation and Order,
Violation of Conditions of Special Management Area Assessment—PL-SAA-2025-00300
The property's TMK is (3) 7-8-012:002 and is located at 78-133 Ehukai Street, Kailua Kona,HI 96740,
in the community of Keauhou I"and 2"d Beach Section,North Kona. The property consists of 39,030
square feet. Planning records indicate that the property is situated within the State Land Use Urban
(U) District and is zoned Single-Family Residential (RS-10) under the County of Hawaii Zoning
Code (Chapter 25, Hawai`i County Code). The parcel is also located within the State of Hawaii
Special Management Area (SMA).
DOCUMENT HISTORY
ITEM DATE DESCRIPTION PAGE(S)
1. 9/12/2025 Complaint Form(s) 1 -9
• After hour production
• Excessive Lights on Keauhou Bay
• Blue light on Keauhou Bay
• Blocking access to shoreline
• Lights directed across the water
• Excessive Lights on Keauhou Bay
• Blue light on Keauhou Bay
• Blocking shoreline access
• Light directed across the water
2. 9/12/2025 Picture of Bay Taken 09/03/2025 10
3. 09/19/2025 Notice of Violation and Order 11 - 14
4. 09/30/2025 Certified Mail Receipt 15
5. 10/15/2025 Email Response—Shawn Pita 16 - 17
Page 1
6. 10/15/2025 Appeal Submission-NOVO PVC-2025-00112 18 -26
7. 10/30/2025 Returned Mail-Unclaimed 27 -28
S. 12/04/2025 Reissue Notice of Violation and Order 29 - 34
9. 12/04/2025 Certified Mail Receipt 35
10. 12/29/2025 Returned Mail-Unclaimed 36 - 37
it. 01/05/2026 Response From Shawan Pila 38 -40
Page 2
County of Ha ai'i Planning Department
t 0arrulary 20,-V22)
Zoning° Land Use, and SMA Violation Complaint Form
IILlk�(VAC.Inn In Waimea) 11)I Paztilhi stregi.Salle�1 fie Io M 196720-4224 itSnttl 961 Xn9 Fax (9119)961-87421 F.maij plannim4ha%wiic 7tml,.gov
Kona il'ahalu It)lia►�ij 74-3044 Antr K051k,1 tole IIm l41de E-2url FImn,Ka Jai-Kona.Iff`X)73ti (9119).1z3.4-170 Fax(808)327-3:563
Complainant Information:
Com
Mailin
P hon
E-ma
Describe Alleged Zoning Violation (refer to Note t below):
s r
I na property address.what dislinguishing feature is seen from the street that identifies the property?
i r
Have you tried to resolve this probtem with ltie violalor before asking far our hetp7 Yeso
WEI-
11 Yes. Please explain why it didn't work:�n��r i E q rat y a .Age
-
Have you fled this cornplarnt with another government agency? Yes FTNa If Yes.Date of Contact: �-
Person Contacted: Results of Contact:
Enter the following information for the alleged violator:
Property Tax Map Key(TMK)# 79���-
Property 5ireet Address- OK'A t�L : a
Violator(s)Full Name fit known)- -�tr-�.a re-4 rl a C� f'r v%iG V v ►�-+'S
Violator(s)Mailing Address(if
Would you like to be blind copied on letters? Yes; NO
5igrtaltu Oate: zz . d
Notes g permit is a But a ion andshould be eferred tot the
a t of 9 c a trision 196 1-933 111 or Kajjua-Kana Bui Ll 3472 This ingkidek
agg
pie i Vi RQ I n ILK[ruses shacks sheds c see back page for inforwaVon on Zoning Code Vlofarlwts.
2) A. Per Planning pepartment Rules of Practice and procedures 9-2(a)(1):All Informationand records ac wired by the
elantiona C1e arEm nt antler this aLL be confidential. However,it is pesstble that if court proceedings occur that this
iniarmation coutd be subpoenaed and made known to all involved parties.
b. 9-2(b)All comptaints shah be given to the zoning inspector- A s a by the Zoning
mpeatvr arKVQF other Alannfrrg Department personnel assigned.
Page 1 of 2
1
q-
County of Hawai'61' Planning E
(JaWxy 20,2022) HFINO BEL ED
Zoning Land Use, and SMA Violation Complaint Form
Hilo(Volcano to Waimea) 101 pallihi StrccL Suite 3 Hilo.FU 9()720-4224 (808)961-8288 , Fix (808)961-8742 1 Enind
Kom(Paliqla to limvi) 74-5044 Ane Keohokalole Bldg E.2"'l Floor.Kailua-Kona.III 96740 (808)323-4770 Fix [808)1127-3563
Complainant Information:Q
Com
Maili
Phon
E-ma
Note Information above is required,
Describe Alleged Zoning Violation(refer to Note I below):
The Lighting conditions are excessivly bright, resulting in a violation of HRS 205A-71(b). These
lights are directed across the water all nigfif in Keauhou Say, where an AFU-le school spawns.
Thi
It no property address,what diatirtguishing feature is seen from the street that identifies the property?
Have you tried to resolve this problem with the violator before asking for our help? Yes[ N ri
I(Yes. Please explain why it didn't work
Have you filed this complaint with another government agency? Yesl /INol If Yes,Date of Contact:919/25
Person Contacled.Nate Hayes Results of Contact Thev have not responded as of today
Enter the following information for the alleged violator:
Property Tax Map Key (TMK)#: .78012002 Community Keauhou..,-.,.,.,.,
Property Street Address:-,"�13 Ehukai St
Violator(s) Full Name (if known):Nouveau Kailua Kona LLC
Violator(s) Mailing Address(it known):._,,
Would you like to be blind co ied an letters? No:
Signatur Date: .0-9/1-0/25
- - - - - - - - - - - - - - - - - - -- - - - -
Notes: 1) Construction of any structutg wit—out a building permit is a Building Code Violation and should be referred to the
Department of Public Works,Hilo Building DkvhiQn(961-83311 2r Kailua-Kona Building Division L323-47201. This includes
peonIC living intents,buses,shacks,sheds,etc See back page For information on Zoning Code Violations.
2) a. Per Planning Department Rules of Practice and Procedures 9-2(a)(1),All ipformation an_d records acquired by the
Planning Department under this part shall be confidential. However,it is possible that it court proceedings occur that this
information could be subpoenaed and made known to all involved parties-
b. 9-2(b)All complaints shall be given to the zoning inspector. Anonymous complaints will not be investigaLed-by the zoning
inspector and/or other Planning Department personnel assigned.
Page lof2
2
l ICU P 11 '1�'t,:tt1'1�11 �ii I') 'I�..1..
County of Hawai"I Planning Depa' �ent
('aaasry 20,2D22)
Ir111I14li) DELIVERED
Zoning° Land Use, and S A Violation Complaint For
Hilo(Volcano to Waimea) 101 Yasaalu Strut_Suite 3 Hilo,f-0 967204224 E(809)961-8288 / Fax (908)961-9742/Emad planning®ha%%aiicourdy,gov
krona(Yahala to Haul) 74-5044 fine Kwhokniole 1twy.Bide L 211d Floor.K oil ua-Kona.111 96740 (808)32a-J77o Fax(ffi)8)327-3;63
Complainant information:
Co
Mail
Pit o
E-m
Note:Information above is required.
Describe Alleged Zoning Violation (refer to Note 1 below):
There is a blue liaht that shines briahtly Won the water in Keauhou bay from the shore. As this is
the color used in the Manta dives, it draws the Mantas from their normal area, in close to the
ore-Mot-compliance-wk-ountyperrn'
if no property address.what distinguishing feature is seen from the street that identifies the property?
Have you tried to resolve this problem with the violator before asking for our help? Yes No
If Yes, Please explain why it didn't work:
Have you filed this complaint with another government agency? Yes No / If Yes,Date of Contact:
Person Contacted, Results of Contact:
Enter the following information for the alleged violator:
Property Tax Map Key(TMK)#' 7 012002 Community Keauhou
Property Street Address:133„,,,,,,, ,,,,,,,,,,,,,,,.,.,,,,,.s...
......,... hukaimm._...t....., ___..�...,. ..,,.µ.,,„M....,, ..._....... .....„,,,,,,,,,,,,,,,—.,. ........ ...........................
�.,, ._
violator(s) Full Name (if known):Nouyeaux Kailua Kona LLC
Violator(s) Mailing Address(if known). ......................._..._.m , .... ...................._................._....................... ,......----
Would ou like to be blind co led on letters? Yes:R7No:
signat ®ate: 09110I25
Notes Permit Is a Buildina Code Violation and should be to the
Department of Public Works,Hilo Building 1%sion(961.8331)gE jSallua-Kona Buildiruz Division 132347201. This includes
people Ifving In tents-buses,shacks,sheds,etc. See back page for infornvarlon on Zoning Code Violations.
2) a. Per Planning Department Rules of Practice and Procedures 9-2(a)(1):All information and records acquired by the
Planning Department under this paf3 Sh,ll be confidential. However.It is possible that If court proceedings occur that this
information could be subpoenaed and made known to all involved parties.
b. 9-2(b)Aft complaints shall be given to the zoning inspector. Anonymous complaints will not be investigated by the zoning
inspector and/or other Planning Department personnel assigned.
Page 1 of 2
3
RCVD CON PLANNING DEPT
OEP 12'25 PM2:33
I County of Hawaii Planning Department
. . (-Twuwy 20,_V22) HAND DELIVERER
Zoning; Land Use, and SMA Violation Complaint Form
Hilo(Volcano to Waliitea) 101 Piiialii Sire4l.%v&-3 Hilo.111 96720-4224 (808)961-8288 Fax 4808)961-8742;F-rnail pl:iitltiiipr7lia��aiicniiiri� :ov
1hkFtiuitztl'altaia to 11a�►i) 74-ai;44.Ane Kcohoknkifc H..Y.Hlds E.2ni1 Fluor.Kailcln-Kona.ND 96740 (808)323-•t770 n,X(808)327-3a63
Complainant Information:
Corn
lVlailin
Phon
E-ma
Note:information above is required.
Describe Alleged Zoning Violation(refer to Note T below):
The production crew has chased off a person fishing on the shoreline. Per the county permit and
contract the ''(ireGtor s conditions 5 states they shall not, at any time, impede or otherwise
restrict-lateral-public-access-along the-shoreline:T-his-afsv-violated-HfZ&lC;hapter-1 15.
if no property address,what distinguishing feature is seen from the street that identifies the property?
Have you tried to resolve this problem with the via lator berore asking for our help? Ye No
If Yes. Please explain why it didn't work-
Have you filed this complaint with another government agency? Yes NoW It Yes.Date of Contact
Person Contacted: Resufts of Contact
Enter the following information for the alleged violator:
Property Tax Map Key(TMK)*? 012002 Keauhou
...................................... ...........
Property street Address:133 Ehukai St — ---- ----
Vlviator(s)Full Name(if known):hlouveau Kailua Kona LLC --
Violator(s} Mailing Address(if known): —
Would you like to be blind co ied on letters? Yes:a No:❑
Signat date: 090 0/25
Notes: 1) Construction of any structure without a building ernit is a Building Code Violation and should be referred to the
Department ofPublic Works,Hilo Building Division(991-93311 or liaiiva-Kona Building Division(323-47201. This fnoludes
people lIvina in tents,buses,shacks,sheds,etc. See back page for information on Zoning Cade Violations.
2) a. Per Planning Department Rules of Practice and Procedures 9-2(a)(1) All information and records acquired by ttte
Plannina Deparirnent under this hart shall be confidential. However it is possible that if court proceedings occur that this
information could be subpoenaed and made known to all involved parties.
b. 9-7(b)All c❑mpla.rils shall be given to the zoning inspector Anonymous somnfafnN will rrQbe investigated by the zoning
Inspe-[or andlor other Planning Department personnel assigned_
Page 1 of 2
4
County of Hawaii Planning Department
(Jana"20,2022)
Zoning Land Use, and SMA Violation Complaint Form
Hilo(Volcano to Waimea) 101 Pauahi Street.Suite 3 Hilo,FE 96720-4224 (809)961-8298 Fax (808)9614742/Email plannulcrGlmwaiicount)v.gov
Kona(Pahala to IIawj) 74-3044 the kelallokalolc ll%%% f31dc E.211cl Fiticbr.k,aaitla-Ib(�sta.I U 967J0 (808)323-J770 Fax(808)327-3563
Comp
Com
Maili
Phon
E-ma
Note: Information above is required.
Describe Alleged Zoning Violation (refer to Note 1 below):
Lighting directed across the water instead of onto the property. This lighting shines directly into
our living room. Pursuant to HRS 6ection 205 -71( this iigiting is in irect violation. It—is a so m
violation-to Hawaiits Dark-Sky-RegWations-&non=compliant-with-issued-county-permit.
If no property address,what distinguishing feature is seen from the street that identifies the property?
Have you tried to resolve this problem with the violator before asking for our help? Ye My
If Yes, Please explain why it didn't work:
..................
Have you filed this complaint with another government agency? Yes No J If Yes,Date of Contact:
Person Contacted: Results of Contact:
Enter the following information for the alleged violator:
Property Tax Map Key (TMK)#: 78012002 Community
Property street Address:133 Ehukai St
violator(s) Full Name (if known):Nouveau Kailua Kona LLC
Violator(s) Mailing Address (if known):__
'Mould 'k l r f No:Q
ignat Date: 09/10/25
Notes: ina vermftis a Building Code Violation and should be referred to the
BoA 11dim Division 13234720This in,-Itgdes
People living intents,buses,shacks,sheds.etc. See back page for intornration on Zoning Code Violations.
2) a. Per Planning Department Rules of Practice and Procedures 9-2(a)(1):All information and records acquired by the,
Planning Department under this[)art shall be confidential. However,it is possible that if court proceedings occur that this
information could be subpoenaed and made known to all involved parties.
b. 9-2(b)All complaints shall be given to the zoning inspector. Anonymous complaints will not be investigated by the zoning
inpector and/or other Planning Department personnel assigned.
Page 1 of 2
5
R(;VD COH PLANNING DEPT
SEP 12'25 pm2:33
County of Hawaii Planning Department
~ (]amw y 2D,2D222) HAND OLL EN
Zoning; Land Use, and SMA Violation Complaint Form
lido{VOIEanQ to Wamtea) Ill! MUM lu Strecf.4uitc l Hi l«.(-H `}t;72("224 (808)%I-8288 Fax (8U8)`7C 1-87421 Finai1 planni ne s( li:si�'aiieouirt)-.gew
limn(I'nlullr�tc�[lrfai) 74-3044 Arw Kteclhuka€olu H-av,Bid!-,E.211el Floor.Kadkin-Kona.HI 96740 (808)?23-477p Fax(808);27-3503
Comp [�
Com
Mailin
Phon
E-rnai
Note. Information above is required.
Describe Alleged Zoning Violation(refer to!Vote 7 below):
The Lighting conditions are excessivly bright, resulting in a violation of HRS 205A-71(b). These
lights are directed across the ulster all night In Keauhou Bay, where an Akulle school spawns.
T-his-is-a-special-management-area-(-SMA)-due-tolhese Akule-and-othe"t~-risk-sea-creatures.
If no property address,what distinguishing feature is seen from the street that identifies the property?
Have you tried to resolve this problem with the violator before asking for our help? Yes Na f
If Yes. Please explain why it didn't work-
Have you riled this complaint with another goverment agency? Yes Y Nn If Yes,Bate of Contact 9/9f25
Person Contacted.Nate Ha BS Results of Contact: The have not res onded as of today
Enter the following information for the alleged violator:
Property Tax Map Key(TMK)#:78012002 Community Keauhou
Property Street Address:133 Ehukai St
violator s) Fall Name(it known):.Shawn Pila_- Applicant: Tradewinds Productions INC
violator(s) Mailing Address (it known):94 Ponahawai St Ste C Hilo, HI 96720
Woukt you like to be blind copied on letters? Yes:a No:❑
signat Date: 09/10�2�
...... .................... . ....... ......... .
Notes: �Idingit is a Building Code Violation and should be referred to the
Department of Public Work&Hilo Building Division 961.2331 or Kadua-Ilona Building_Division 323-47211. This includes
people living in tents,bases,shacks,sheds.etc. See back page for Information on Zoning Code VIolations.
2) a. Per Planning Departrent Rules of Practice and Procedures 9-2(a){1 j:All information and records acquired_bV the
Planning Department under this part shall be confidential. However.it is possible that if court proceedings occur that INS
information could be subpoenaed and made known to all involved parties.
b, 9-2(b)All complaints shall be green to the zoning inspecto r Anonymous complaints will not be investicialed by the zoning
inspector andlar other Planning Department personnel assigned
Page t of 7
6
RCVD G(]H PLANNING DEPT
County of Hawa i Planning Depa�dh'
'JAW WY 20,2022)
FQ
Zoning , Land Use, and SMA Violation Complaint Farm
Milo(VRkarx,to waimCa) 10f patiahl street_Suite.1 1-slid.sit 9(,7204224 (909)961-8299 .' Fax (809)%1-87421 Emaif plannir4t@hawaiicoMv.gov
Dona{Pahala to Hatvt) 74-SI144 Ane Keohokak4e I1mv.Nos,,E_2"d Floor.Kailua-Knna.M 96740 (WS)323-477A Fax(93)327.3563
Complainant Infunnation:
Corn
Maili
Phon
E-tna
Note:Information above is required.
Describe Alleged Zoning Violation(refer to Note 1 below):
There is a blue light that shines brightly upon the water in Keauhou bay from the shore. As this is
:the color used in the Manta Ives, it draws the Mantas rout their normal area, in to the
re-Non- MMPAiantevfcou I
It no property address.what distinguishing feature is Seen from the street that identifies the property?
Have you tried to resolve this problem with the violator before asking for our help? Yes No
If Yes, Please explain why€1 didn't work:
Have you filed this complaint with another government agency? Yes No t;/ it Yes,t7ate of Contact;
Person Contacted: Results of Contact.
Enter the following information for the alleged violator:
Property Tax Map Key(TICK)#:�$0'12Q02 community IKeauhou
Property street Address:_ 33 Ehukai St
Violator(s)Pull Nellie(If known).Shawn Pila -Applicant. Tradewinds Productions Inc
Violator(s) Mailing Address(if known).94 Ponahawai St Ste C Hilo, HI 96720
Would you#Ike to lJe blind copied on !ethers? V No:F
signatur ate: 09/10/25
Notes:1) Construction of any structgge yAbout a tyuildkW permit is a Buildirkil Code Violation ad Should be referred
De artment of Public Works,HiJo Buildim Division 867-8331 ar Kallua vision 323-d720, Thisincludes
peopte Ilvino in tents,buses,shacks,shads,ate. See[tack stage tor intonation on Zonfng Coda Vlofalkws.
2) a. Per Planning Department Rules of Practise and Procedures 9-2(a)(1).All information and records accuired by the
Puinnina Department under this part shall be confidential. However,ills possible that if court proceed(tgs oacar that this
information could be subpoenaed and made known to all Involved parties.
b. 9.2(b)All Complaints shall be given to the zoning inspector. AnonymQM2 ccirnplaints will not be i s ated by the zoning
inspector andlor other Planning department personnel assigned.
Page t of 2
7
RCUD CON PLANNING DEPT
County of Hawaii Planning Departmen�`�'
(January 10,2022)
4AN17 DELIVERED
Zoning° Land Use, and SMA Violation Complaint Form
13iIo(VoAcaiuo to Wa11nca) 101 Pauahs StreCl.Slane 3 H110.HI 96720-4224 (808)961-8288 Fax (808)961-8742 EruaiI pleGRI1llPV11,11"4iiV0UUIV,VQV
K(111n{I'ahalci to I Iau'i) 74-3044 Ann KeQ[tokalAe Ifni_Blde C.2iI=1 Flextir,Kallua-Kona,111 96740 (808}323-4770 Fax tRIM3 327-3563
Com
Corn
Maili
Phon
E-ma
Note:Information above is required.
Describe Alleged Zoning Violation(refer to Note 7 below):
The production crew has chased off a person fishing on the shoreline. Per the county permit and
contract the "director's conditions" states they shall not, at any tlme, impede or of erwise
restrictlateralpu blic-access--along-t-he-shoreline—T-hris--also-violated--HRS-C'hapter-115-
If no property address,what distinguishing feature is seen from the street that identifies the property?
Have you tried to resolve this problem with the violator be Fore asking for our help? sF-j No LZI
U Yes, Please explain why it didn't work:
Have you filed this complaint with another government agency? Yes MNO171 If Yes,Date of Contact;
Person Contacted: Results of Contact:
Enter the following information for the alleged violator:
Property Tax Map Key (TMK)#: 7Sd12Q02_ Community Keauhou
Property street Address:133 Ehukai St
Violator(sf Frill Name(if known):Shawn Pila - Applicant_Tradewinds Productions Inc
Violator(s) Mailing Address (if known):94-Ponahawai St Ste C Hilo, HI 96720
Would you like to be blind Co ied on letiers7 Yes:�r l No:
signat Date: 09110/25
Notes: n rmit is a Buirdin Code Violation and should be referred to the
s r Di islon 33 Kai lua-Kona Bui ld ing Division 132347201, This inetudes
maple living intents,buses,shacks,sheds,etc. See back gage for information on Zoning Code Vlolations-
2) a. Per Planning Department Rules of Practice and Procedures 9-2(a)(i l:All information and records acaulmd by the
Planning Department under this part shall be confidential. However,it is possible that if court proceedings occur that this
Information could be subpoenaed and made known to all involved parties.
b. 9-2(b)All complaints shall be given to the zoning inspector- Anonymous complaints will not be investigated by the zoning
inspector andlor other Planning Department personnel assigned-
Page t of 2
8
SLP 1 l::ai,i�� ,, 2 4
County of Hawaii Planning Department
(January 20,2022) 110141)
Zoning° Land Use, and SMA Violation Complaint Form
Hilo(Volcano to Waimea) 101 Panaha Street,Suite 3 Hilo.HI 96720-4224 (808)961-8288 Fax (808)961-8742�Email eov
Iona(Pahala to Ilawa) 74-5044 Ane Keohokalole Bide f:.2at`I Floor.Kailua-Kona,III 96740 (808)323-4770 Pax(808)327-3363
Complainant Information:
Comb
Mailin
Phone
E-mail
Note: Information above is required.
Describe Alleged Zoning Violation (refer to Note t below):
Lighting directed across the water instead of onto the property. This lighting shines directly into
our living room. Pursuant to_ ection - b this lighting Is In direct vio atlon. It is also In
violation-to--Hawaf -Dark-Sky Reg ulations&-non=eompiiant with-issaed county-permit.
If no property address,what distinguishing feature is seen from the street that identifies the property?
Have you tried to resolve this problem with the violator before asking for our help? YeS7No J
If Yes, Please explain why it didn't work.
Have you filed this complaint with another government agency? Yes 71
No If Yes,Date of Contact:
Person Contacted: Results of Contact:
Enter the following information for the alleged violator:
Property Tax Map Key (TMK) #: 7801 002. Community Keauhou
Properly Street Address:13,3 Ehukai St
Violator(s) Full Name (if known):Shawn Pila - Applicant: TradewindS Productions I----------------
Violator
(s) Mailing Address (if known):94 Ponahawai St Ste C Hilo, HI 96720 ... ..
Would l r J NO:Ej
Signal Dale: 09t10/25
Notes: it COPIC110MIM"O"btluutu V911"Out a 111011111ing permit is a Building Code Violation and should be referred to the
Department of Public Works,Hilo Building Division (961-8331)or Kailua-Kona Building Division(323-4720). This includes
people living in tents,buses,shacks,sheds,etc. See back page for Information on Zoning Code Violations.
2) a, Per Planning Department Rules of Practice and Procedures 9-2(a)(1) All information and records acguired by the
Planning Department under this part shall be confidential. However,it is possible that if court proceedings occur that this
information could be subpoenaed and made known to all involved parties.
b. 9-2(b)All complaints shall be given to the zoning inspector. Anonymous complaints will not be investigated by the zoning
insa,;realtor and/or other Planning Department personnel assigned.
Page 1 of 2
9
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Wcm llawai-i 011'1c� 1,'ast I hma i,i 0 11-1 C�
74-';044 An KcohoUlok�I[n N 10 1 Ila kia 11 i S1 1"�Q1,St I i(�3
kallua-kona.I la%k al'i 96740 County of Hawal"i Hilo,lhm i'i 96720
llhoiw(N[1 X)323.4770 PI ioi ic(80 8)961.8288
Fax(808)327-3563 PLANNING DEPARTMENT Fli.\(909)961-9742
CERTIFIED MAIL
7019 0140 0000 8342 7903
September 19, 2025
Trade Winds Productions, Inc
10 15 Grandview Avenue
Glendale, CA 91201
Dear Sirs:
SUBJECT: Notice of Violation and Order
Complaint: Violation of Conditions of Special Management Area
Assessment— PL-SAA-2025-00300
Case No.: PL- PVC-2025-00112
TMK: 7-8-012:002, Keaubou I" and 2 nd Beach Section, North Kona, Hawaii
The Hawaii County Planning Department has received numerous coinplaMrs from the
community regarding filming activities occurring at 7 8-13 3 E hu kal Street, Kai I ua-Kona,
Hawaii. After review and investigation, this letter serves as a Notice of Violation and Order
(NOVO), affirming and documenting that a violation of the Hawaii County Zoning Code has
occurred on the subject property.
SUMMARY OF FINDINGS
Real Property Tax Office records confirm that Nouveaux Kailua Kona, LLC is the owner of the
property located at 78-133 Ehukai Street, Kailua-Kona. Hawaii 96740.
Planning Department records indicate that the property is situated within the State Land Use
Urban (U) District and is zoned Single-Family Residential (RS-10) under the County of Hawaii
Zoning Code (Chapter 25, Hawai'l County Code). The parcel is also located within the State of
Hawaii Special Management Area (SMA).
111111.1)1 Ell 111 ii I ,Ilan ai i C 1)U I in'..'-o% 11awai,i Counn is tin 1."qual 0ppotlimill Ptt)14det and U+- J)IM 11111Uft 1121t%!U1C01L1A\.L,1A
Trade Winds Productions, Inc.
September 19, 2025
Page 2
INSPECTION REPORT AND CORRESPONDENCE
On July 5, 2025, the Planning Department received a Special Management Area (SMA) Use
Permit Assessment Application for the proposed filming of Temptation Island, Season 7.
The application stated that production activities would occur from August 5, 2025, through
September 22, 2025. The applicant further represented that environmental safeguards would be
implemented to protect the shoreline and surrounding areas. Specifically, the application noted:
"All lighting ivill he dir-ecled 10,-ovoid.spill info 1he.sky and or oceettr, minimizing potenfied
disr-rrplion to nelthv 100i1e and pr-eser ring the natural character-gfthe coetsial e1wir onnrent. "
On July 24, 2025, the Planning Department approved the Special Management Area (SMA) Use
Permit Assessment Application (PL-SAA-2025-000300).
The approval authorized the temporary use of the dwelling and property for filming purposes,
provided that the applicant complied with all specified conditions.
Condition G of the approval dated July 24, 2025, stated:
"Artificial light.frnnt aterior lighting.fixtures, including, but not necessarily liniiterd to
floodlights, up-lights or spotlights used far decorative or aesthetic purposes shrill he prohibited
if the light directly illumin tes, or is directed to prtlject across property boundaries toward, the
.shoreline and ocean waters, kept as may othenvise he permitted pursuant to.Vection 205A-
71 (h), Hawaii Revised.statues."
On September 11, 2025, the Planning Department received several complaints, and a photograph
taken from across Keauhou Say on September 3, 2025, showing the property being illuminated
and Iights shining on the ocean. (Photograph on file.)
NOTICE OF VIOLATION
The Planning Director, based on findings from Planning Inspector Elizabeth Gillis, has
determined that the event violated the following sections of the Hawaii Revised Statues 205A:
Section 205A-71 Artificial light on shoreline and ocean waters. (a)Artificial light from
floodlights, up lights or spotlights used for decorative or aesthetic purposes is prohibited
when the light: (l) Directly illuminates the shoreline and ocean waters; or(2) Is directed to
travel across property boundaries toward the shoreline and ocean waters.
12
Trade Winds Productions, Inc.
September 19, 2025
Page 3
ORDER
You are hereby ORDERED to complete the following corrective action(s)at your own expense
by the"Deadline Date" which is 30 days after LISPS Postmaster Date Stamp on Certified
Mail Receipt.
1. Remove and cease using all lights that project over properties boundaries and shine onto
the shoreline and ocean.
HCC PENALTY
1. You are assessed a civil fine of$10,000.00 for violation of Hawaii Revised Statues
Section 205-A-71.
2. ResoIution of the violations includes correction of the violation and payment of aII civil
fines.
3. Payment Instructions: Pay the fines to this office. Payment may only be made by
cash, cashier's check, or money order. Personal checks are not accepted. Make
cashier's check and money order payable to the County Director of Finance. Mail
your payment to the Planning Department, 74-5044 Ane Keohokalohe Hwy.,
Building E, Kailua-Kona, H1 96740
This Order shall become final 30 days after LISPS Postmaster Date Stamp on Certified Mail
Receipt.
APPEAL
Within thirty days after the service the NOVO, any person adversely affected by the NOVO may
appeal the NOVO to the Board of Appeals as provided by Section 6-9.2 of the County Charter
and Sections 25-2-20 thru 25. Division 2. Article 2 of Chapter 25, Hawai`i County Cade 1983
(2016 Edition, as amended). An appeal to the Board of Appeals shall not stay the provisions of
the order pending the final decision of the Board of Appeals. See Appeal in General
Information.
You are further notified that this Notice of Violation and Order is being forwarded to other
Governmental Agencies for their review and actions.
This matter may be referred to the Office of Corporation Counsel for civiI remedy and/or the
Prosecuting Attorney's Office for criminal prosecution.
ShouId you acquire the services of an attorney/counsel representation then you are required to
also submit a Ietter of consent with your response letter authorizing the County to correspond
and respond to the attorneylcounsel representation.
13
Trade Winds Productions, Inc.
September 19, 2025
Page 4
Should you have questions regarding the violation or corrective actions, please contact Planning
Inspector, Elizabeth GiIIis or PIanning Program Manager, Joel Rathje at the West Hawaii Office
by email: nlannin j rr.hawaiicounty.rwov or by phone at 808-323-4770.
Sincerely,
� Y�� 1✓V ��YD�I
JEFFREY W. DARROW
Planning Director
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CC: Merrick Nishimoto— Deputy Managing Director
Clifford Victorine— Executive Assistant, Mayors Office
Benson Medina— Director Research and Development
John Harvey — Hawaii Police Officer III
Shawn Pila— Agent for Trade Winds Productions, Inc
14
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Oda, Michelle
From: Shawn Pila <shawn@enamediahawaii.com>
Sent: Wednesday, October 15, 2025 4:00 PM
To: Llribe, Amelia; Gillis, Elizabeth; Roy, Alex; Planning Internet Mail
Cc: Rathje, Joel T.; Nishimoto, Merrick; Victorine, Clifford; Medina, Benson;
john.harvey@hawaiipolice.gov; Rodney Frazier; Matt Long; Monica Stock; Jennifer
Lyons
Subject: Appeal Submission -Notice of Violation PL-PCV-2025-00112
Attachments: 2025-09-19 PL-PCV-2025-00112 NOVO-APPEAL.pdf; Screenshot 2025-10-13 at
7.06.26 AM.png; Screenshot 2025-10-13 at 7.06.42 AM.png; Screenshot 202S-10-13
at 7.07.27 AM.png; Screenshot 2025-10-13 at 7.10.43 AM.png; Screenshot
2025-10-13 at 7.11.39 AM.png
Follow Up Flag: Follow up
Flag Status: Flagged
Aloha mai kakou,
On behalf of Trade Winds Productions, Inc., please find attached ourformal 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.
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. All lightingwas professionatty
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.
A hardcopy of this appeal has also been mailed to your office via certified mail foryour records.
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.
Mahato for your time and assistance.
Warm regards,
Shawn Pita
Trade Winds Productions, Inc.
(808) 756-8388
1
16
Aloha,
Shawn Pita
Founder I Production Lead
Fna Media Hawaii
808.756.8388
shawn(cbenamediahawaii.com
www.e n a m edi-a_h-iwa i i.c=
ash wnpila.com
z
17
Trade Winds Productions, Inc.
1015 Grandview Avenue
Glendale, CA 91201
October 10, 2026
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
TM K: 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.
18
3. Misinterpretation of Visual Appearance
We believe the complaint may stem from the optical effect of viewing elevated production fights 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.
S. 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,
Shawn Pila
Trade Winds Productions, Inc.
(808) 756-8388
shawn@ENAmediahawaii.com
19
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From: Shawn Pila
To: Uribe,Amelia;Gillis,Elizabeth; Roy,Alex;Planning Internet Mail
Cc: Rathie,Joel T.; Nishimoto,Merrick;Victorine,Clifford; Medina,Benson;john.harveyna hawaiipolice.gov;Rodney
Frazier;Matt Long;Monica Stock;Jennifer Lyons
Subject: Appeal Submission—Notice of Violation PL-PCV-2025-00112
Date: Wednesday,October 15,2025 4:00:32 PM
Attachments: 2025-09-19 PL-PCV-2025-00112 NOVO-APPEAL.pdf
Screenshot2025-10-13 at 7.06.26 AM.png
Screenshot 2025-10-13 at 7.06.42 Aftnng
Screenshot 2025-10-13 at 7.07.27 AM.png
Screenshot 2025-10-13 at 7.10.43 Aftnng
Screenshot2025-10-13 at 7.11.39 AM.png
Aloha mai kakou,
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.
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. 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.
A hardcopy of this appeal has also been mailed to your office via certified mail for your
records.
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.
Mahalo for your time and assistance.
Warm regards,
Shawn Pila
Trade Winds Productions, Inc.
(808) 756-8388
Aloha,
Shawn Pila
Founder I Production Lead
Ena Media Hawaii
808.756.8388
shawn&enamediahawaii.c om
25
www.enamediahawaii.com
www.shawn.pila.com
26
d o Retail U.S.POSTAGE PAID
FGM LETTER
KAILUA KONA, HI 98741
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C.Kimo Alameda,Ph.D. 4 +zv'Wit
�,`', Jeffrey W.Darrow
Mayor 1 d, Director
William V.Brilhante,Jr. '+} Michelle S. Ahn
Managing Director x _:,:+� Deputy Director
West Hawaii office East Hawaii Office
74-5044 Ane KeohokWoie Hwy ■L■ 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawax x Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
CERTIFIED MAIL
7019 0140 0000 8342 7910
December 4, 2025
Trade Winds Productions, Inc
1015 Grandview Avenue
Glendale,CA 91201
Dear Sirs:
SUBJECT: Reissue Notice of Violation and Order
Complaint: Violation of Conditions of Special Management Area
Assessment--PL-SAA-2025-00300
Case No.: PL-PCV-2025-00112
TMK: 7-8-012:002,Keauhou 11 and 2nd Beach Section,North Kona,Hawaii
RESCISSION AND REISSUANCE
The Hawaii County Planning Department previously issued a Notice of Violation and Order
(NOVA)dated September 19, 2025, which was mailed by certified mail to the above address.
That certified mailing was returned to our office marked"Unclaimed/Unable to Forward."
In addition, the individuals copied on that correspondence did not receive the General
Information enclosure explaining fines, corrective actions, and appeal procedures, including the
appropriate Board of Appeals application form.
For these reasons,the Notice of Violation and Order dated September 19, 2025, is hereby
rescinded and replaced in its entirety by this Reissued Notice of Violation and Order, which
gestates the same findings,violations, and civil penalties. This reissued NOVO is intended to
ensure that you and the copied recipients receive full notice of the violations and a complete
opportunity to appeal using the correct application.
SUMMARY OF FINDINGS
Real Property Tax Office records confirm that Nouveaux Kailua Kona, LLC is the owner of the
property located at 78-133 Ehukai Street, Kailua-Kona, Hawaii 96740.Planning Department
records indicate that the property is situated within the State Land Use Urban(U) District and is
www.planning.hawaiicounty_gov Hawaii County is an Equal Opportunity Provider and Employer pIanning[a�hawaiicnunYy.gov
29
Trade Winds Productions, Inc.
December 4, 2025
Page 2
zoned Single-Family Residential (RS-10)under the County of Hawaii Zoning Code (Chapter
25, Hawai`i County Code). The parcel is also located within the State of Hawaii Special
Management Area(SMA).
INSPECTION REPORT AND CORRESPONDENCE
On July 5, 2025, the Planning Department received a Special Management Area (SMA) Use
Permit Assessment Application for the proposed filming of Temptation Island, Season 7.
The application stated that production activities would occur from August 5, 2025,through
September 22, 2025. The applicant further represented that environmental safeguards would be
implemented to protect the shoreline and surrounding areas. Specifically,the application noted:
"All lighting will be directed to avoid spill into the sky and/or ocean, minimizing potential
disruption to native wildlife and preserving the natural character of the coastal environment"
On July 24, 2025, the Planning Department approved the Special Management Area(SMA) Use
Permit Assessment Application(PL-SAA-2025-000300).
The approval authorized the temporary use of the dwelling and property for filming purposes,
provided that the applicant complied with all specified conditions.
Condition b of the approval dated July 24, 2025, stated:
"Artificial light from exterior lighting fixtures, including, but not necessarily limited to
floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be prohibited
if the light directly illuminates, or is directed to project across property boundaries toward, the
shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A-
7.1 (b), Hawaii Revised Statues"
On September 11, 2025,the Planning Department received several complaints, and a photograph
taken from across Keauhou Bay on September 3, 2025, showing the property being illuminated
and lights shining on the ocean. (Photograph on file.)
NOTICE OF VIOLATION
The Planning Director,based on findings from Planning Inspector Elizabeth Gillis,has
determined that the event violated the following sections of the Hawaii Revised Statues 205A:
Section 205A-71 Artificial light on shoreline and ocean waters. (a)Artificial light from
floodlights, up lights or spotlights used for decorative or aesthetic purposes is prohibited
when the light: (1)Directly illuminates the shoreline and ocean waters; or(2) Is directed to
travel across property boundaries toward the shoreline and ocean waters
ORDER
You are hereby ORDERED to complete the following corrective action(s)at your own expense
by the "Deadline Date" which is 30 days after USPS Postmaster Date Stamp.
30
Trade Winds Productions, Inc.
December 4, 2025
Page 3
1. Remove and cease using all lights that project over properties boundaries and shine onto
the shoreline and ocean.
HCC PENALTY
1. You are assessed a civil fine of$10,000.00 for violation of Hawaii Revised Statues
Section 205-A-71.
2. Resolution of the violations includes correction of the violation and payment of all civil
fines.
3. Payment Instructions: Pay the fines to this office. Payment may only be made by cash,
cashier's check, or money order. Personal checks are not accepted. Make cashier's
check and money order payable to the County Director of Finance. Mail your payment
to the Planning Department,74-5044 Ane Keohokalohe Hwy.,Building E,Kailua
Kona, HI 95740
This Order shall become final 30 days after USPS Postmaster Date Stamp.
APPEAL
Within thirty days after the service the NOVO, any person adversely affected by the NOVA may
appeal the NOVO to the Board of Appeals as provided by Section 6-9.2 of the County Charter
and Sections 25-2-20 thru 25, Division 2,Article 2 of Chapter 25, Hawai`i County Code 1983
(2016 Edition, as amended).
An appeal to the Board of Appeals shall not stay the provisions of the order pending the final
decision of the Board of Appeals. See Appeal in General Information.
You are further notified that this Notice of Violation and Order is being forwarded to other
Governmental Agencies for their review and actions.
This matter may be referred to the Office of Corporation Counsel for civil remedy and/or the
Prosecuting Attorney's Office for criminal prosecution.
Should you acquire the services of an attorney/counsel representation then you are required to
also submit a letter of consent with your response letter authorizing the County to correspond
and respond to the attorney/counsel representation.
Should you have questions regarding the violation or corrective actions,please contact Planning
Inspector, Elizabeth Gillis or Planning Program Manager,Joel Rathje at the West Hawaii Office
by email: planning@,hawaiicounty.gov or by phone at 808-323-4770.
Sincerely,
f:�ffr•:�f+,.l)�,rrU. ;13c�C=1,?.�1?.`ink}:.`i:s:(}:sIISCj
7EFFREY W. DARROW
Planning Director
31
Trade Winds Productions, Inc.
December 4, 2025
Page 4
EGG:
11eoh141v1P1anninglStafRLibby\EnforeementlTrade Wind_.Prod.ti-linrs_NOV0 12032025_C t
Enclosure:
■ General Information
CC: Merrick Nishimoto—Deputy Managing Director
Clifford Victorine—Executive Assistant, Mayors Office
Benson Medina—Director Research and Development
John Harvey—Hawaii Police Officer III
Shawn Pila—Agent for Trade Winds Productions, Inc
32
GENERAL INFORMATION
What happens if you do not correct the violation?
A violation that is not corrected by the "Deadline Date" will be assessed daily fines starting at
$100 Per dart bezinnine the day after the"Deadline Date"unless it is a recurring violation(see
table below). After 3 months the fine increases to $200 per day,after 5 months to $300 per day,
after 9 months to $500 per day until the case is resolved. It is in your best interest to correct this
problem before or on the"Deadline Date" as indicated above.
Daily Fines: According to County of Hawaii Planning Department Rules of Practice and
Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the
Director may assess additional fines to a maximum of$500 for each day that the violation remains
uncorrected in accordance with the following schedule:
DAILY FINES FIRST AFTER AFTER AFTER
FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO.
Initial violation $100 $200 $300 $500
First Recurrence $200 $300 $400 $500
Second Recurrence $300 $400 $500
Third Recurrence $400 $500
Fourth and subsequent recurrences will be assessed$500 per day of additional daily fines from the
date that the violation was to cease as set forth in the order.
Can you appeal this Notice of Violation?
Yes. If you feel that you are not in violation,you can appeal.
In accordance with Hawaii County Code,Chapter 25 (Zoning) Section 25-2-20, you may appeal
the director's decision as follows:
(a) Any person aggrieved by the decision of the director in the administration or application of this
chapter,may,within thirty calendar days from the date of receipt of the Order appeal the
decision to the Board of Appeals.
(b) A person is aggrieved by a decision of the director if.
(1) The person has interest in the subject matter of the decision that is so directly and
immediately affected, that the person's interest is clearly distinguishable from that of the
general public; and
(2) The person is or will be adversely affected by the decision.
(c) An appeal shall be electronically submitted, in the format prescribed by the Board of Appeals
and shall specify the person's interest in the subject matter of the appeal and the grounds of the
appeal. Unless otherwise specifically provided by the Board of Appeals rules, an electronic
copy of each document shall be filed. A filing fee of$250 shall accompany any such appeal.
The person appealing a decision of the director shall provide an electonic copy of the appeal
to the director and to the owners of the affected property and shall provide the Board of Appeals
with the proof of service.
(Application Link Enclosed,submit electronically)
33
(d) The appellant and the director shall be parties to an appeal. Other persons may be admitted as
parties to an appeal,as permitted by the Board of Appeals.
According to Hawaii County Code, Chapter 25 (Zoning) Section 25-2-23,the Board of Appeals
may affirm the decision of the director, or it may reverse or modify the decision or remand the
decision with appropriate instructions if based upon the preponderance of evidence the board finds
that:
(1) The director erred in its decision; or
(2) The decision violated this chapter or other applicable law;or
(3) The decision was arbitrary or capricious or characterized by an abuse of discretion or
clearly unwarranted exercise of discretion.
For your convenience,we have provided the website address for Hawaii County's new EPIC
System(Electronic Processing and Information Center) for applications.
WEBSITE: https:Hhawaiicouiity-hi-energovpub.t lerhost.net/Apps/Selfser`•ice#/home
The appeal must be received within thirty(34)calendar days from the date of receipt of this
Notice of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions
of the director's order pending the final decision of the Board of Appeals. The appeal must be
made in accordance with the Board of Appeals Rules and Procedures or it may result in the
dismissal of the appeal.
What happens if I lose my appeal?
The assessment and accumulation of fines do not stop when you file for an appeal. If the Board of
Appeals rejects your appeal then you will be required to pay your fines from the day the fines began
to the date the violation(s)has been corrected which must be verified by the Planning Department.
You can also take corrective action as described in this letter and stop the daily fines, while
appealing. If you do not take corrective action, daily fines will continue to accrue incrementally
as per the table listed above.
Can I get a time extension to have more time to correct the violation?
If you know you cannot complete the corrective action by the"Deadline Date," you may want to
submit a"request for a time extension"before the"Deadline Date,"including all of the following
information with your request:
I. Describe what you have accomplished prior to requesting this time extension.
2. The amount of additional time necessary to complete the corrective action.
3. The name and telephone number of the person assisting you in this effort.
4. The date in which you expect the violation to be fully corrected.
The submission of a time extension request does not guarantee the approval of the request, nor
does it extend your right to appeal. If your time extension is denied,daily fines will continue until
the violation is corrected. If approved,the daily fines will be delayed until the new deadline date.
34
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JAN 0 6 2026
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COUNTY OF HAWAII
F.P.TAX OFFICE
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JAN 7 202�-,Hwll:0 3
i O PLANNING
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Trade Winds Productions, Inc.
1015 Grandview Avenue
Glendale, CA 91201
Monday January 5 2026
Hawaii County Planning Department
West Hawai'i Office
74-5044 Ane Keohokalohe Hwy., Building E
Kailua-Kona. HI 96740
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,
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.
We are prepared to provide these materials to the Department or the Board for review at any time.
I
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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 vio#ate HRS
§245A-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.
Mahaio for your time and consideration. Please confirm receipt of this appeal and advise on the next
procedural steps for Board review.
Respectfully,
Shawn Pila
Trade Winds Productions, Inc.
(808) 755-8388
shawn@ENAmediahawaii.com
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