HomeMy WebLinkAboutPD Recommendation (PL-SPP-2026-000127)-1-
RIchikawa-SPP 7-15-2026
COUNTY OF HAWAIʻI PLANNING DEPARTMENT
RECOMMENDATION
RYUTA ICHIKAWA
SPECIAL PERMIT APPLICATION NO. PL-SPP-2026-000127
Upon review of the request against the guidelines under Rule 6 of the Planning
Commission Rules of Practice and Procedures for granting a Special Permit, the Planning
Director is recommending that this request to allow a two-bedroom bed and breakfast
establishment within an existing three-bedroom farm dwelling and integrated farm
education be approved by the Planning Commission. Since this recommendation is
made without the benefit of public testimony, the Director reserves the right to modify
and/or alter this recommendation based upon additional information presented at the
public hearing. This approval recommendation is based on the following findings:
The applicant is requesting a Special Permit to allow a two-bedroom bed
and breakfast establishment (B&B) within an existing 1,440 square-foot, three-
bedroom farm dwelling. The two guest bedrooms, which are located on the second
floor fi the farm dwelling, comprise a total of 1,008 square feet, and can
accommodate up to a maximum of 6 guests at any one time. The applicant, as the
B&B operator, will reside on the first floor of the farm dwelling. In addition to
lodging, guests may be offered farm-related and cultural experiences. The
experiences may include:
• Guided farm tours explaining the current agricultural operations on the
farm.
• Small workshops related to farming, food production, or sustainability.
• Meals prepared using fresh ingredients harvested directly from the farm.
• Cultural experiences that respectfully showcase the history, traditions,
and values of Hawaiʻi.
The proposed B&B is intended to function as an accessory land use to an
active working farm by providing supplemental farm income, supporting
agricultural sustainability, and offering guests educational farm experiences and
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cultural activities while preserving the property's primary agricultural use and rural
character.
The applicant will continue to reside on the lower floor of the dwelling and
operate the bed and breakfast. Off-street parking is available as the applicant has
designated three parking stalls for guests of the bed and breakfast operation and
has indicated that there is ample space on the property to allow for more parking
if needed. The applicant intends to begin operating the bed and breakfast upon
approval of the Special Permit and does not anticipate construction costs
associated with the project.
The criteria for approving a Special Permit are based on Rule 6-7 in the
Planning Commission Rules. It states that the Planning Commission shall not
approve a Special Permit unless it is found that the proposed use (a) is an unusual
and reasonable use of land situated within the Agricultural or Rural District,
whichever the case may be, and (b) the proposed use would promote the
effectiveness and objectives of Chapter 205, Hawai‘i Revised Statutes, as
amended.
The granting of this request would promote the effectiveness and
objectives of Chapter 205, Hawaiʻi Revised Statutes, as amended. The State
Land Use Law and Regulations are intended to preserve, protect, and encourage
the development of lands in the State for those uses to which they are best suited
in the interest of the public health and welfare of the people of the State of Hawaiʻi.
In the case of the Agricultural District, the intent is to preserve or keep lands of
high agricultural potential in agricultural use. The soils for the subject property are
classified as “D” or “Poor” by the Land Study Bureau’s Overall Master Productivity
Rating, the General Plan designation is Important Agricultural Land and the
Department of Agriculture’s ALISH Map designates 70% of the property as “Other”
with the remaining portion along the southeastern property line being
“Undesignated.” The parcel is not identified as Prime or Unique Agricultural Land.
Despite the property’s “Poor” soil rating, the Applicants have established a
productive small-scale farming operation consisting of cultivated orchard crops
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and livestock. The Applicants also propose to provide guests with education
opportunities related to farming practices, food production, and sustainability.
Agricultural education is a permitted land use in the State Land Use Agricultural
District and agricultural tourism can be permitted if it meets the criteria in the zoning
code, or a special permit is secured. The existing agricultural operation may not
meet the requirements for an agricultural tourism operation, including the gross-
income requirement established under section 25-4-15(d) of the Hawaiʻi County
Code, but the zoning code states that if the criteria for an agricultural tourism
cannot be met, a Special Permit must be secured. Accordingly, the proposed bed-
and-breakfast use and agricutural tourism operation is being considered through
the Special Permit process as an unusual and reasonable use within the State
Land Use Agricultural District. The proposed agricultural
education and agricultural
tourism activities are a secondary component of the B&B operation and support,
but do not independently establish, the proposed uses’ consistency with the
objectives of Chapter 205, HRS.
As the proposed use will occur within the footprint of the existing farm
dwelling, the agricultural potential of the subject property will not be diminished.
The property contains predominantly agricultural uses with a mix of cultivated
orchard crops, native vegetation, and small-scale livestock which is intended to be
incorporated into the proposed bed and breakfast operation. Therefore, the
proposed use will not adversely affect the preservation and agricultural use of
prime agricultural lands and is not contrary to the objectives sought to be
accomplished by the State Land Use Law and Regulations.
The proposed use is an unusual and reasonable use of land situated
within the State Land Use Agricultural District. In recognizing that lands within
agricultural districts might not be best suited for agricultural activities and yet
classified as such, and in recognition that certain types of uses might not be strictly
agricultural in nature, yet reasonable in such districts, the legislature has provided
for the Special Permit process to allow certain unusual and reasonable uses within
the Agricultural district. The subject property is approximately 8.96 acres in size
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and situated within the County’s Agricultural-20 acre (A-20a)
zoned district. The
applicant currently resides in the existing farm dwelling on the subject property,
and the proposed two-bedroom bed and breakfast will operate within the existing
dwelling’s footprint. As previously noted, the applicant will maintain agricultural
uses on the property, including the existing cultivated crops. Given the above, the
proposed bed and breakfast will not diminish the potential for any future agricultural
activity on the subject property. Based on the preceding, the subject request is
considered an unusual and reasonable use of agricultural land.
In addition to the above listed criteria, the Planning Commission shall also
consider the criteria listed under Section 6-3(b)(5) (A) through (G). In considering
the criteria, the Planning Director recommends the following:
(A) Such use shall not be contrary to the objectives sought to be
accomplished by the Land Use Law and Regulations. The subject request is
considered an unusual and reasonable use of the agricultural land and the
proposed use will not adversely affect the preservation and agricultural use of the
County’s prime agricultural lands.
(B) The desired use shall not adversely affect the surrounding
properties. Surrounding properties are zoned Agricultural 20-acre (A-20a) and
consist primarily of agricultural and residential uses and undeveloped land. Bed
and breakfast operations are, by definition, accessory to a dwelling use and given
that the applicant will be the operator, there should be no more impact than that of
the existing dwelling. Based on the preceding, it is not anticipated that the
proposed use will adversely affect the surrounding properties.
(C) Such use shall not unreasonably burden public agencies to
provide roads and streets, sewers, water, drainage, school improvements,
and police and fire protection. The applicants anticipate that traffic to be
generated by the proposed two-bedroom bed and breakfast operation would be
minimal. Access to the site is from N. Pszyk Road, a 9-12-foot-wide paved roadway
with grass shoulders, which is owned and maintained by the County.
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There is no municipal sewer system in the subdivision and the dwelling
currently utilizes an existing, permitted cesspool to dispose of wastewater. A
condition will be added to address the requirements of the Department of Health
(DOH) – Wastewater Branch in meeting with their requirements for residential
wastewater. Another condition will be added to address requirements of the DOH
– Sanitation Branch, regarding the bed and breakfast offering breakfast foods such
as commercial cereal, certain pastries, breads, fruits, coffee, tea, or juice, not
requiring a food establishment permit, and documenting the limited menu with
DOH. Additionally, according to DOH sanitation code, a bed and breakfast
establishment is defined as a single-family dwelling in which overnight
accommodation and breakfast is included, and the number of guests does not
exceed 6. If the applicant exceeds these parameters, DOH rules state that the
applicant will need to obtain a food establishment permit, which may include the
construction of a separate commercial kitchen.
By contrast, Hawai‘i County Zoning Code states that a bed and breakfast
may accommodate up to 10 guests. The Planning Director believes that the subject
property’s existing agricultural uses, including fruit and vegetable crop cultivation,
will be supported by a thriving bed and breakfast establishment, a desirable goal
given that the property is located in a subdivision with a limited amount of
productive agriculture being maintained. However, conditions of approval will be
included stating that the applicant will be responsible for complying with DOH
regulations.
The property is situated within an area designated as Flood Zone X on the
Flood Insurance Rate Map (FIRM) by FEMA, an area of minimal flood hazard
located outside the 500-year flood plain. Electrical and telephone services are
available to the property. A volunteer fire station is located approximately 1.52
miles away in the South Kulani Area. Medical and police services are available in
Kea‘au.
A condition of approval will be included requiring the applicants to meet all
applicable County, State and Federal laws, rules, regulations, and requirements.
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Based on the preceding, the requested use will not burden public agencies to
provide additional services.
(D) Unusual conditions, trends, and needs have arisen since
district boundaries and regulations were established. In the 1960’s and
1970’s, the State’s Agricultural District boundaries and regulations were
established and subsequently amended pursuant to HRS Chapter 205. The State
Land Use Commission was created in 1961, and interim regulations and temporary
district boundaries became effective in 1962. Subsequently, the regulations and
Land Use District Boundaries became effective in August of 1964.
Although the property and surrounding areas are designated for agricultural
uses by both State and County land use laws, through the issuance of a Special
Permit, various “non-agricultural” services and uses may be allowed. Since the
district boundaries were established, demand has increased for accommodations
for guests who seek an alternative to resort venues. The proposed use would meet
this demand by providing visitors an opportunity to experience a small-scale bed
and breakfast that emphasizes a connection to agriculture by serving produce
grown on-site for the breakfast element of the establishment.
(E) The land upon which the proposed use is sought is unsuited for
the uses permitted within the district. The property is currently being used for
agriculture with a mix of cultivated crops onsite. As previously stated, the bed and
breakfast will take place entirely within the existing dwelling and thus will not
reduce the land available for agricultural use.
(F) The proposed use will not substantially alter or change the
essential character of the land and the present use. The character of the
surrounding lands is predominantly residential/agricultural in nature, with present
uses including small-scale agriculture, dwellings and undeveloped land. On-site
parking will be provided and the applicant does not anticipate significantly adverse
traffic impacts on the local roadway system. Present use of the property consists
of primarily agricultural uses and is characterized by a diverse orchard containing
native and endemic vegetation, palms, and a variety of cultivated crops along with
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small-scale livestock operations which are intended to be the main uses on the
property with the Bed and Breakfast operation considered to be an accessory use,
as described in the application.
Based on the preceding, the proposed request will not substantially change
the essential character of the land and the present use.
(G) The request will not be contrary to the General Plan and official
Community Development Plan and other documents such as Design Plans.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the
coordinated growth and development of the County. It reflects a graphic depiction
of the physical relationship among the various land uses. The LUPAG Map
establishes the basic urban and non-urban form for areas within the County.
The subject property is designated as Important Agricultural. Important
Agricultural Lands are those with better potential for sustained high agricultural
yields because of soil type, climate, topography, or other factors. As mentioned
previously, the proposed use occurs entirely within an existing dwelling and will
not diminish present agricultural use of the subject property.
The approval of the subject request would support the goals and policies of
the Land Use and Economic elements of General Plan.
Land Use Element
• Designate and allocate land areas in appropriate proportions and mix and
in keeping with the social, cultural, and physical environments of the
County.
• Preserve and enhance opportunities for the expansion of Hawaiʻi’s
Agricultural Industry.
Economic Element
• Economic development and improvements shall be in balance with the
physical and social environments of the island of Hawaiʻi.
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• The County shall provide an economic environment which allows new,
expanded, or improved economic opportunities that are compatible with the
County's natural and social environment.
• The County shall strive for diversification of its economy by strengthening
existing industries and attracting new endeavors.
• The County of Hawaiʻi shall encourage the development of a visitor industry
that is in harmony with the social, physical, and economic goals of the
residents of the County.
The proposed request will allow the applicant an opportunity to improve their
quality of life, provide an economic environment which allows this new opportunity
and increase the development of the visitor industry for Hawaiʻi.
Based on the preceding, the proposed request is consistent with the Land
Use and Economic goals and policies of the General Plan.
The Puna Community Development Plan (PCDP), adopted by the Hawai‘i
County Council, Ordinance 08 116, on September 10, 2008, does not show the
subject property as being located within or near a village/town center. Section 3.2
of the PCDP, Agriculture and Economic Development, notes that Agricultural
tourism presents an opportunity for the area in that it “generates income by
providing community-based services to visitors of natural and cultural sites in a
way that protects and nurtures the natural and cultural systems, in a manner that
is economically sustainable.” Included in the goals and objectives of the PCDP is
to encourage local job growth in “green” industries such as agriculture and eco-
tourism and promote farm businesses such as “farm stay” bed and breakfasts.
As the proposed bed and breakfast operation will be located within an
existing dwelling and incorporate existing agricultural uses, it will provide the
applicant with supplemental income, encourage agriculture and eco-tourism and
promote an existing farm business. Given the preceding, the request is consistent
with the goals and objectives of the PCDP.
The proposed use is not contrary to the objectives sought to be
accomplished by Chapter 205A, Hawaiʻi Revised Statutes, relating to coastal
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zone management program. The subject property is located approximately 10.4
miles from the nearest shoreline, is not within the Special Management Area and
will not be impacted by coastal hazards and beach erosion. There is no designated
public access to the mountain or shoreline areas over the property. Therefore, the
proposed use will not adversely impact any recreational resources, including
access to and along the shoreline, scenic and open space nor visual resources,
coastal ecosystems, and marine and coastal resources. Therefore, the proposed
use is not contrary to the objectives of Chapter 205A, Hawaiʻi Revised Statutes.
The request will not have a significant adverse impact to traditional
and customary Hawaiian Rights. In view of the Hawaiʻi State Supreme Court’s
“PASH” and “Ka Paʻakai O KaʻAina” decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed in terms of the cultural, historical,
and natural resources and the associated traditional and customary practices of
the site.
Investigation of valued resources: The applicant did not submit an
archaeological inventory survey, cultural impact assessment, botanical survey, or
oral history study.
The valued cultural, historical, and natural resources found in the special
permit area: No archeological or historical features are known to exist on the
subject property nor is the property listed as a historic site on the State or National
Register of Historic Places.
The subject property has been developed with a farm dwelling and related
accessory structures. The remainder of the property is developed as an active
agricultural orchard containing a variety of cultivated fruit trees, native and endemic
vegetation, and small-scale livestock operations. There are no known endangered
or listed plant species on the property.
No professional surveys were conducted of the flora/fauna resources on the
property. According to the applicants, the likelihood of any rare or endangered
species, habitat or flora on the property is remote given the developed nature of
the property and surrounding area.
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Possible adverse effect or impairment of valued resources: It is unlikely
valued resources will be adversely affected since all activities will occur within an
existing farm dwelling and parking area, and ground disturbance is not proposed.
Native plants and/or endangered species are unlikely to be impacted by the
proposed use due to the already impacted property as mentioned above.
Feasible actions to protect native Hawaiian rights: To the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed
action will not affect traditional Hawaiian rights; therefore, no action is necessary
to protect these rights.
Lastly, this recommendation is made with the understanding that the
applicants remain responsible for complying with all other applicable governmental
requirements in connection with the proposed use, prior to its commencement or
establishment upon the subject properties. Additional governmental requirements
may include the issuance of building permit, compliance with the Fire Code,
installation of improvements required by the American with Disabilities Act (ADA),
among many others. Compliance with all applicable governmental requirements is
a condition of this approval; failure to comply with such requirements will be
considered a violation that may result in enforcement action by the Planning
Department and/or the affected agencies.
Based on the above considerations, the proposed two-bedroom bed
and breakfast establishment and integrated farm education is an unusual
and reasonable use of land which would not be contrary to the objectives
sought to be accomplished by the Land Use Law and Regulations. Approval
of this request is subject to the following conditions:
1. The applicant, their successor(s), or assign(s) (“Applicant”) shall be
responsible for complying with all stated conditions of approval.
2. The operation of the two-bedroom bed and breakfast with integrated farm
education shall be conducted in a manner that is substantially
representative of plans and details contained within the Special Permit
Application received by the Planning Department and any representations
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made to the Windward Planning Commission. Any substantial expansion or
uses beyond what is represented in these documents shall require an
amendment to this permit.
3. The Applicant shall comply with all applicable requirements of Section 25-
4-7 of the Zoning Code, as amended, relating to Bed and Breakfast
Establishments.
4. The bed and breakfast operation shall be limited to the use of two (2)
bedrooms with a maximum of six (6) guests.
5. Prior to commencement of agricultural tourism operations on the subject
property, the Applicant shall secure Final Plan Approval from the Planning
Director in accordance with the requirements of the Zoning Code.
6. The method of sewage disposal shall meet the requirements of the
Department of Health.
7. The Applicant shall comply with food service operations notification and
permit requirements in the State Department of Health’s Administrative
Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to bed and
breakfast operations.
8. The Applicant shall comply with all applicable County, State and Federal
laws, rules, regulations, and requirements in connection with the approved
use, prior to its commencement or establishment upon the subject property.
9. Should any of these conditions not be met or substantially complied with in
a timely manner, the Director may initiate procedures to revoke this Special
Permit.