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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 -2- 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 -3- 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 -4- 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. -5- 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. -6- 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 -7- 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. -8- • 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 -9- 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. -10- 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 -11- 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.