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Home My WebLink AboutPD Background Report (PL-SPP-2026-000132)-1- B_Herbert_SPP_2026 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT RYAN AND LEAH HERBERT SPECIAL PERMIT APPLICATION (PL-SPP-2026-000132) RYAN AND LEAH HERBERT are requesting a Special Permit to establish a three- bedroom bed and breakfast within an existing three-bedroom farm dwelling on a 1.00-acre parcel within the State Land Use Agricultural District. The subject parcel is located at 75-450 Nani Kailua Drive on the southeastern corner of Hienaloli Road, Auhaukeae 1st, North Kona, Hawaiʻi, TMK: (3) 7-5-012:097. APPLICANTS’ REQUEST 1. Request: The applicants reside on the subject property in the first farm dwelling (FFD) located on the north side of the parcel and are requesting a Special Permit to establish a 3-bedroom bed and breakfast (B&B) operation within the additional farm dwelling (AFD) permitted under FDA-14-000350 which is located on the south side of the parcel. According to Condition No. 1 of the approval permit for the AFD “the additional farm dwelling shall only be used to provide shelter for persons involved in the agricultural or farm-related activity on the building site” therefore the applicant cannot use the AFD as a short-term rental option. Per the Planning Director the applicant will be required to redesignate the AFD as the first farm dwelling (FFD), and the FFD as the AFD. If approved the proposed B&B will accommodate a maximum of six (6) guests (2 per bedroom). 2. Staffing/Employees: The bed and breakfast establishment will be operated by the applicants. 3. Parking: Off-street parking is available as the applicant has designated 3 on-site parking stalls for guests of the B&B, one for each rented bedrooms with additional parking (2 stalls) for the first farm dwelling. 4. Hours of Operation: The bed and breakfast will operate daily, with guest check- in and check-out proposed to occur during daytime hours. The applicant proposes quiet hours between 9:00 p.m. and 7:00 a.m. -2- 5. Reason for Request: According to the applicants, they would like to obtain approval of a Special Permit to operate an owner-occupied bed and breakfast within an existing farm dwelling on the subject property. 6. Definition of “Bed and Breakfast Establishment”: According to Section 25-1-5 of the Zoning Code, a “bed and breakfast establishment” means any single-family dwellings and/or guest houses (pursuant to section 25-4-9), which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. 7. Landowners: Ryan and Leah Herbert. 8. Supportive Information: A Special Permit is required to operate a bed and breakfast establishment in the State Land Use Agricultural District. The applicant has submitted the attached in support of the request. (Planning Department Exhibit 1 – Special Permit Application dated May 28, 2026) STATE & COUNTY PLANS 9. State Land Use District: Agricultural. 10. General Plan Land Use Pattern Allocation (LUPAG) Map: The 2005 General Plan LUPAG map classifies the subject property as Urban Expansion (ue). The UE designation is intended to accommodate the orderly future expansion of existing urban areas in a manner consistent with the General Plan, Community Development Plans, and the availability of public infrastructure and services. 11. County Zoning: Agricultural-1 acre (A-1a). 12. Kona Community Development Plan (KCDP): The Kona Community Development Plan was adopted on September 25, 2008, by Ordinance 08-131. The subject property is within the Kona Urban Area boundary. 13. Special Management Area (SMA): The property is not within the County’s Special Management Area. The subject property is approximately 1.57 miles from the closest shoreline. 14. Coastal Zone Management: The entire State of Hawai‘i lies within the Coastal Zone Management area. -3- DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject property consists of approximately 1.03 acres and is situated on the slopes of Hualālai within a predominantly rural residential neighborhood. The site is relatively level and is characterized by typical Kona volcanic soils. Existing development includes a 4 Bedroom 2.5 Bathroom main farm dwelling, and a separate 1,380-square-foot, three-bedroom, two-bathroom additional farm dwelling, and a small accessory storage structure all of which have completed building permits. The property is improved with landscaping and contains coffee trees, citrus trees, avocado trees, pomegranate trees, pineapple plants, and other fruit-bearing trees and garden plantings maintained by the applicants. 16. Surrounding Zoning/Land Uses: The surrounding area is similarly zoned A-1a and is developed predominantly with single-family residences on similar sized lots. Properties located west of Hienaloli Rd. are zoned single-family residential 15,000 square feet (RS-15) and are also developed with single family dwellings and related uses. While some properties contain limited agricultural activities and landscaping, the area is characterized primarily by rural residential development with subordinate agricultural uses. 17. U.S.D.A. Soil Type: Soils on the subject property are classified as Kona series, which are shallow, well-drained volcanic soils typical of the Kona region. 18. Land Study Bureau’s Detailed Land Classification System: According to the Land Study Bureau's Detailed Land Classification system, the subject property is classified as Class C, indicating lands with good agricultural capability that are suitable for a variety of agricultural uses, although moderate limitations may affect crop selection or management practices. 19. Agricultural Lands of Importance to the State of Hawaiʻi (ALISH): Soils within the project site are designated “unclassified” by the Agricultural Lands of Importance to the State of Hawaiʻi. 20. Flood Insurance Rate Map (FIRM): The property is classified as Flood Zone “X,” (Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. -4- 21. Flora/Fauna Resources: No formal flora/fauna study was conducted as the proposed use will be conducted within an existing structure. The application states that the property contains maintained landscaping, tropical vegetation, native plants, coffee trees, citrus trees, avocado trees, pomegranate trees, pineapple plants, and other fruit-bearing trees and garden plantings typical of the Kona region. The applicant does not identify any sensitive biological resources or protected plant or animal species on the property. 22. Agricultural Use: The subject property is not operated as a commercial agricultural farm; however, the applicants maintain ongoing small-scale agricultural activities on the property consisting of coffee trees, citrus trees, pomegranate trees, avocado trees, pineapple plants, other fruit-bearing trees, and garden plantings. According to the applicant, these plantings are actively maintained as part of the ongoing stewardship and rural character of the property and will continue in conjunction with the proposed Bed and Breakfast use. The application does not identify the acreage or square footage devoted to agricultural activity, the number of crops or trees under cultivation, or the quantity of agricultural products produced on the property. 23. Archaeological/Cultural/Historical Resources: No archaeological and cultural study was conducted of the property as the subject property has been previously impacted by ground-disturbing activities associated with previous agricultural and residential development. The applicant states that no known archaeological or historic resources are present on the subject property. 24. Public Access: There is no record of any designated public access to the shoreline or mountain areas that traverse through the subject property. PUBLIC UTILITIES AND SERVICES 25. Access/Parking/Traffic: According to the Hawaiʻi County Zoning Code Section 25-4-51(a)(2), a bed and breakfast establishment must provide one parking stall for each guest bedroom and one stall for the dwelling. The subject property is accessed via an existing driveway from the gated portion of Nani Kailua Drive which is a gated, two-lane private road that is approximately 50-foot wide paved roadway. No modifications to the existing access are proposed. The applicant -5- proposes three (3) on-site parking stalls to serve the bed and breakfast use with an additional four (4) on-site parking stalls available for the main dwelling for a total of seven (7) on-site parking stalls to accommodate both dwellings. The applicant states that the proposal will function similarly to residential use and is not expected to generate significant additional traffic or adversely affect the surrounding roadway network. No traffic study was submitted with the application. 26. Water: Potable water to both dwellings located on the subject property is provided by the County Department of Water Supply (DWS) through an existing 5/8-inch water meter. According to the applicant, the proposed Bed and Breakfast will utilize the existing water system, and no expansion of the water infrastructure is proposed. The Department of Water Supply (DWS) reviewed the application and noted that the existing meter is adequate for one single-family dwelling with an average daily usage of 400 gallons per day (gpd). DWS further noted that the property's average daily water usage over the past two years has been approximately 454 gpd, exceeding the allowable average daily usage for the existing meter by approximately 50 gpd. DWS recommends that the applicant implement water conservation measures to reduce water use. DWS further advised that if water consumption continues to exceed the meter's rated capacity, the Department may require installation of a flow-reducing device or require the water meter to be upsized. If a larger meter is required, installation of an approved backflow prevention assembly would also be required prior to the commencement or continuation of water service. 27. Wastewater: According to the application, wastewater generated by the proposed bed and breakfast will be served by an existing cesspool system dedicated to the existing additional farm dwelling, and no expansion or modification of the wastewater infrastructure is proposed. The applicant states that wastewater generation associated with the proposed use is expected to be less than that of a typical residential use. The Office of Planning and Sustainable Development (OPSD) reviewed the proposal and noted that the property contains two cesspools. OPSD further noted that, pursuant to Act 125 (2017), all cesspools are required to be replaced by 2050 and that the Hawaiʻi Cesspool Prioritization Tool identifies the -6- subject property as being located within a Priority 1 area for cesspool conversion. OPSD recommends that the applicant ensure the existing wastewater system has adequate capacity to accommodate the proposed use and consult with the appropriate state and county agencies regarding future cesspool-to-septic conversion. 28. Solid Waste: Any solid waste generated by the proposed B&B operations will be disposed of by commercial solid waste disposal companies or by the B&B host. 29. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH) has noted that a food establishment permit will be required if meals are to include “potentially hazardous food” or if the number of guests exceeds 6. If the bed and breakfast will only offer commercial cereal, pastries, breads, fruits, coffee, tea, and juice, then a food establishment permit is not required. 30. Essential Utilities and Services: The subject property is served by existing electrical service. According to the application, the proposed Bed and Breakfast unit is served by a separate electrical meter, and the applicant anticipates that the proposed use will not place an additional burden on emergency services. AGENCY COMMENTS 31. State Department of Health: (Planning Department Exhibit 2 – June 30, 2026, memo). 32. Department of Public Works – Building Division: (Planning Department Exhibit 3 – July 30, 2026, memo). 33. State Office of Planning and Sustainable Development (OPSD): (Planning Department Exhibit 4 – July 23, 2026, letter). 34. Department of Water Supply: (Planning Department Exhibit 5 – July 15, 2026, letter). AGENCIES – NO COMMENTS/NO CONCERNS 35. Dept. of Land and Natural Resources – Engineering and Land Divisions, Police Department. AGENCIES – NO RESPONSE 36. Department of Public Works – Engineering (Kona), Fire Department, Land Use -7- Commission, Department of Agriculture, Department of Environmental Management. PUBLIC COMMENTS 37. Linda Morabito – Testimony: (Planning Department Exhibit 6 – August 4, 2026, email). SPECIAL PERMIT APPLICATION COUNTY OF HAWAIʻI PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): APPLICANT’S SIGNATURE: DATE: ADDRESS: LIST APPLICANT’S INTEREST (if not owner): PHONE: (Bus.) (Res.) (Email) REQUEST: TAX MAP KEY: ZONING: SIZE OF PROPERTY / AREA OF REQUESTED USE: LANDOWNER(S): FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): DATE: DATE: Note: The above written authorization of the landowner(s) gives permission for the applicant/petitioner to file the application/ petition and acknowledges that the landowner(s) and their successors are bound by the Special Permit and its conditions. AGENT: AGENT ADDRESS: PHONE: (Bus.) (Res.) (Email) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: Ryan L. Herbert & Leah S. Herbert 05-28-2026 75-450 Nani Kailua Drive Kailua Kona, HI 96740 Owners 808-747-6152 Special Use Permit for Bed and Breakfast 3-7-5-012-097-0000 A-1A 1 acre 1,380 square feet Ryan L. Herbert & Leah S. Herbert Ryan L Herbert Leah S. Herbert 05-28-2026 05-28-2026 N/A N/A N/A N/A N/A Ryan L. Herbert & Leah S. Herbert Ryan L. Herbert & Leah S. Herbert SPECIAL PERMIT APPLICATION Proposed Bed and Breakfast Leah and Ryan Herbert 75-450 Nani Kailua Drive, Kailua-Kona, Hawaii TMK:3-7-5-012-097-0000 May 28,2026 Aloha Planning Commission, We, Leah and Ryan Herbert, respectfully submit this application for a Special Permit to allow the operation of a Bed and Breakfast at 75-450 Nani Kailua Drive, Kailua-Kona, Hawaii (TMK: 3-7-5-012- 097-0000). The proposed Bed and Breakfast will operate within an existing permitted agricultural dwelling on our one-acre property. The use is small-scale, owner-operated, and consistent with the surrounding rural and agricultural character. No new construction is proposed. We respectfully request approval of this Special Permit. Mahalo, Leah Herbert Ryan Herbert PROJECT NARRATIVE I. Introduction This application proposes a Bed and Breakfast use within an existing permitted agricultural dwelling on a one-acre property in Kailua Kona, Hawaii. A Special Permit is required due to the Agricultural District designation. II. Project Location The subject property is located at 75-450 Nani Kailua Drive, Kailua Kona, Hawaii, above town within a rural agricultural and residential area. III. Project Description A. Project Background and Concept The property consists of approximately one (1) acre and includes an existing residential dwelling and a separate 3-bedroom, 2-bathroom unit totaling approximately 1,380 square feet. The Bed and Breakfast will operate entirely within this existing unit. No grading, construction, or expansion is proposed. The intent is to provide a small-scale, owner-operated accommodation that maintains and enhances the character of the property. The subject property is located at 75-450 Nani Kailua Drive in Kailua-Kona on the slopes of Hualalai, within an established rural residential area. The parcel is relatively level with typical Kana volcanic soils and is accessed via an existing driveway from Nani Kailua Drive. The existing use of the property is residential, with landscaping and small-scale agricultural activities. The property includes a primary residence and the separate dwelling unit proposed for Bed and Breakfast use. The Bed and Breakfast will operate exclusively within the 3-bedroom unit, while the remainder of the property will continue to be used for residential purposes and the ongoing care and maintenance of landscaping and agricultural plantings. The proposed Bed and Breakfast will operate on a short-term basis, with guest check-in and check- out occurring during daytime hours. No employees are proposed, as the Applicants will serve as owneroperators and manage all aspects of the operation. The maximum number of guests will not exceed six (6) at any given time, consistent with the three available guest rooms. The Applicants purchased and have continued to care for the subject property with the intention of maintaining its rural and agricultural character while creating a welcoming environment for family, friends, and guests. Over time, the property has been thoughtfully maintained and improved to support both residential use and small-scale visitor accommodations within the existing structures. In addition to maintaining the dwelling, the Applicants actively care for the land through landscaping and the cultivation of a variety of tropical plants and agricultural plantings typical of the Kana region. These efforts include maintaining coffee and other fruit-bearing trees, garden areas, and other vegetation that contribute to the overall local character of the property. The proposed Bed and Breakfast use is intended to support the ongoing care and stewardship of the property while allowing the Applicants to share this setting with visitors in a respectful and low- impact manner. Guests are provided the opportunity to experience a rural, agricultural environment and gain a greater appreciation for the natural landscape and lifestyle of the area. The Applicants view the Bed and Breakfast as a complementary use that allows for the continued maintenance and enhancement of the property, while also contributing to the broader goals of agricultural sustainability and small-scale, community-based tourism. B. Bed and Breakfast Operations 1. Owner-occupied and managed. 2. Located within an existing permitted agricultural dwelling. 3. Maximum of three (3) guest rooms. 4. Maximum of six (6) guests. 5. Breakfast only service will be limited to pre-packaged items, fruit, and coffee for registered guests only. No public restaurant or commercial food service is proposed. 6. Three on-site parking stalls provided. 7. Separate electric meter, water meter, and cesspool system. 8. No events, parties, or commercial gatherings. 9. Quiet hours of 9:00 PM – 7:00 AM. 10. Signage would consist of one non-illuminated identification sign approximately 12 inches by 24 inches in size, located near the driveway entrance and designed to remain compatible with the rural residential character of the neighborhood. C. Nature of Request A Special Permit is required to authorize Bed and Breakfast use within the Agricultural District. D. Project Timetable The unit is fully constructed and operationally ready. Operations will begin upon approval. IV. Property Description The subject parcel is approximately one (1) acre in size, relatively level in topography, and located within a rural residential area of Kailua-Kona on the slopes of Hualālai. The property is developed with an existing primary residence, a separate existing permitted agricultural dwelling proposed for Bed and Breakfast use, and a small accessory structure. The proposed Bed and Breakfast will operate entirely within the existing 3-bedroom, 2-bathroom permitted agricultural dwelling totaling approximately 1,380 square feet. The remainder of the property will continue to be used for residential purposes, landscaping, and limited small-scale agricultural activities. The small structure adjacent to the proposed B&B unit is an accessory structure used for residential storage and related household purposes. It is not proposed for guest accommodations, habitation, or commercial use. The property includes maintained landscaping, tropical vegetation, native plants, and a variety of limited small-scale agricultural plantings typical of the Kona region. Existing plantings on the parcel include coffee trees, citrus trees, pomegranate trees, avocado trees, pineapple plants, and various additional fruit-bearing trees and garden plantings maintained by the Applicants. While the property is not operated as a commercial agricultural farm, the Applicants actively maintain and care for these plantings as part of the ongoing stewardship and rural character of the property. The proposed Bed and Breakfast supports the continued maintenance of the land and allows guests to experience a setting that reflects the natural landscape and agricultural character of the area. V. State and County Plans The property is within the Agricultural District. The proposed use is consistent with the General Plan and Kona Community Development Plan, maintaining rural character and supporting ag- tourism. • State Land Use Boundary Designation: Agricultural • General Plan Designation: UE (Urban Expansion) • County of Hawaii Zoning District: A-1a (Agricultural District with a minimum building site area of 1 acre) Special Management Area: No • Community Development Plan: Kona CDP VI. Surrounding Land Uses The surrounding area is primarily composed of residential properties on similar sized lots. While some properties may include limited agricultural uses such as hobby gardening or small plantings, the predominant character of the neighborhood is residential in nature. The proposed Bed and Breakfast will operate within an existing structure and at a scale consistent with a typical residential use. As such, it will be compatible with the surrounding neighborhood and will not introduce any uses that are out of character with the area. The proposed use will function similarly to a residential household in terms of activity levels, noise, and traffic, and will be managed in a manner that maintains compatibility with neighboring properties. VII. Infrastructure • The proposed B&B unit is served by an existing County water meter and existing wastewater cesspool system dedicated to the structure. The systems currently support residential use of the dwelling, and no expansion of either system is proposed. Water demand and wastewater generation associated with the Bed & Breakfast is expected to be less than typical residential use levels. • Existing driveway access is sufficient. • Three onsite parking stalls are provided. • No additional burden to Emergency Services proposed. VIII. Environmental Considerations The subject property is located in Kailua-Kona on the slopes of Hualalai, within an established rural residential area. The site is designated as Flood Zone X (minimal flood risk) according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. No known archaeological or historic resources are present on the property. In the event that any inadvertent discoveries are made in the future, appropriate procedures will be followed, including notification of the State Historic Preservation Division. There are no known significant impacts to flora, fauna, or the surrounding environment anticipated as a result of the proposed Bed and Breakfast use. The use will occur entirely within an existing structure and will not involve any land disturbance. The United States Geological Survey classifies this area as within Lava Flow Hazard Zone 4, indicating a relatively low risk of lava flow compared to other areas of the island. Additionally, the island of Hawai'i is located within an active seismic zone, and all structures are subject to applicable building codes designed to address earthquake hazards. The proposed use does not introduce any additional risk related to volcanic or seismic conditions and will not require any modifications to existing structures. Overall, the proposed Bed and Breakfast is not expected to result in any short-term or long-term environmental impacts. The proposed Bed and Breakfast will operate within an existing structure and at a scale consistent with a typical residential use. As such, it will be compatible with the surrounding neighborhood and will not introduce any uses that are out of character with the area. The proposed use will function similarly to a residential household in terms of activity levels, noise, and traffic, and will be managed in a manner that maintains compatibility with neighboring properties. IX. Justification for Request The proposed use is reasonable and compatible with agricultural land use objectives. It will not adversely impact surrounding properties, will not burden public infrastructure, and will maintain the rural character of the area. The Bed and Breakfast supports ag-tourism and contributes positively to the local economy. X. Additional Special Permit Criteria The following addresses additional criteria required for consideration of a Special Permit: A. Unusual Conditions, Trends, and Needs The subject property is a fully developed residential parcel located within the Agricultural District. While the district is intended to support agricultural uses, many properties in the surrounding area function primarily as rural residential homes with varying levels of landscaping and small-scale agricultural activity. The proposed Bed and Breakfast represents a modest, owner-occupied use within an existing structure that does not require additional development or intensification of the land. This type of use allows the property to remain maintained and actively managed while remaining consistent with its current residential and rural character. Rather than introducing a new or intensive use, the request reflects a reasonable and limited adaptation of an existing residential property, which is compatible with the surrounding neighborhood and does not interfere with any potential or existing agricultural uses. B. Suitability of the Land While the property is located within the Agricultural District, the existing use of the parcel is primarily residential in nature with limited small-scale agricultural activity. The property is already developed with residential structures, and no additional agricultural improvements are proposed or displaced by the requested use. The Bed and Breakfast will utilize an existing dwelling unit and will not reduce the amount of land available for potential agricultural use. As such, the site is well-suited for the proposed use without conflicting with the intent of the district. C. Character of the Land The proposed use will not alter or change the essential character of the land or its current use. The Bed and Breakfast will operate within an existing structure and will function at a smaller scale than a typical residential household. Due to assumed vacancy rates and the likelihood that guests will spend much of their time exploring the island, overall activity and use of the property are expected to be less intensive than that of a full-time residence. No new construction, grading, or intensification of use is proposed. The rural residential character of the property and surrounding area will be maintained. D. Consistency with General Plan and Community Development Plan Policies The proposed Bed and Breakfast is consistent with the goals and policies of the Hawaiʻi County General Plan and the Kona Community Development Plan because it represents a small-scale, low- impact use operating within an existing structure on an existing developed residential property. The proposed use supports policies encouraging compatibility between land uses and preservation of the rural residential character of the area. No significant expansion, grading, or urban-scale development is proposed, and the project will maintain the existing appearance and character of the property. The project is also consistent with policies supporting diversified and sustainable economic activity that is compatible with surrounding land uses. The Bed and Breakfast will operate as a small owner- occupied use and will not adversely impact neighboring properties, infrastructure, or public services. Additionally, the proposal supports the continued stewardship and maintenance of the property, including existing landscaping and small-scale agricultural plantings consistent with the rural character of the Kailua-Kona area. E. LUPAG Designation The property is designated “UE – Urban Expansion” under the Land Use Pattern Allocation Guide (LUPAG). The proposed Bed and Breakfast is consistent with this designation because it will operate within an existing developed residential property and does not involve significant expansion, subdivision, grading, or urban-scale development. The proposed use is small-scale, owner-occupied, and compatible with the surrounding rural residential character of the area. The project will maintain the existing appearance and use of the property while supporting the continued stewardship and maintenance of the land. C. Kl MO ALAMEDA, PH DMAYOR WILLIAM V. BRILHANTE JR MANAGING DIRECTOR DIANE NAKAOA WA FINANCE DIRECTOR MALIA A KEKAI DEPUTY DIR.ECTOR COUNTY OF HA WAIi Department of Finance - Real Property Tax Aupuni Center, IOI Pau11h1 Street, Suite 41 Hilo Haw11'i 96720-4224 I Fax (808)961-4224 Appraisers (808)961-8354 I Clerical (808)961-8201 I Collections (808)961-8282 West Hawal'i Civic Center 174-5044 Anc Kcohokalolc Hwy I Bldg D 2nd Floor I Kailua Kona, Hawai'i 96740 Fax (808)327-3538 I Appraisers (808) 323-4881 I Cleric.al (808)323-4880 REAL PROPERTY TAX CLEARANCE Date: Wednesday, May 13, 2026 TMK: {3)7-5-012-097-0000 Herbert,Ryan L et al This is to certify that the real property taxes due to the County of Hawai'i on the parcel listed above have been paid for the tax year up to and including June 30, 2026. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. 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Ji -ITE.PAN-tJT-COMBO—/—T ARCH &0 CCMP SHINGLEROOFING ARCH 80 COMP SHINOLEROOFING L________4^rdh d) db L/^ ^ RI^HT ELEVATION .--^>T--qr^<&sYif __»JL-4J^-/ ARCH QS> COMFB SHINGLE»%?OF1NG FRONT ELEVATION EXTERIOR ELEVATIONS ARCH 80 COMfs I&HIN&I-EROOFINGSCALE: 1/4"=1'-0" NOTE. ALL COF5NER TRIMS TO &E 1x& ALL UJINPOiUTRIMS TO &E 1x4 • IF GUTTERS ARE APPED THEN DELETE 1x2 TRIM LEFT ELEVATION ARCH 80 CGMP SHIN&LEROOFING PAIR OF= 3' X 8' SOLAR (UATERHEATER PANELS ON ROOP THIS UJORK LUA&PREPAFSED BY ME ORUNDER MYSUPERylSION CONSTRUCTION OFTM16 PROJECT LUILLBE UNDER MY OBSERVATION REAR ELEVATION ELECTRICAL PLAN NOTE; THIS ELECTRICAL PLAN IS F>REPARED FOR THE .CONVENIENCE OP THE OLUNER AND MU&T BE REVIELUED ANPCOMPLETE? BT W^ ELECTRICAL CONTRACTOR / ELBMENT5 OFTHIS DRAUUIN6 MAT NOT MEET CODE PROVIDE <3t=[ CIRCUITED OUTLETS!N KITCHSN, eATHS, GARAGE,UTILITY ROOMS/ ANP C?UTDOORLOCATIOM5 A-4 ., 7 - (p0 m II ?* • " . : • ) - pT>m •• ' ' < - % i R i . Proposed B&B Unit JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: June 30, 2026 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2026-000132) Applicant: Ryan L. Herbert and Leah S. Herbert Request: To Operate a 3-Bedroom Bed and Breakfast Operation Within an Existing Farm Dwelling TMK: 7-5-012:097, Kailua-Kona, North Kona, Hawaiʻi In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health “Standard Comments” regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1.All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. Jeffrey W. Darrow June 30, 2026 Page 2 of 4 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: https://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, “Community Noise Control,” shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Jeffrey W. Darrow June 30, 2026 Page 3 of 4 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program – The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov. Sanitation / Local DOH Comments: 1. The purpose of these guidelines is to provide interpretation of the Department of Health’s Administrative Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to Bed and Breakfast operations. 2. A “Bed and Breakfast” establishment where food is served to no more than six guests, so long as the person in charge obtains food protection certification pursuant to section HAR 11-50-20(c), food operations are limited to those risk categories enumerated in section 11-50-7(e)(1)- (4) (receiving; cold storage, holding, preparation , and thawing, hot storage, holding, and preparation, thermal processing) and signage, with lettering no Jeffrey W. Darrow June 30, 2026 Page 4 of 4 smaller than one inch in height, remains posted at the entrance to the kitchen within the home notifying any consumer that the food served is "Made in a home kitchen not routinely inspected by the Department of Health" shall be exempt from the provisions of this chapter except that they shall remain subject to inspection. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917. BUILDING DIVISION -DPW COUNTY OF HAWAI'I -101 Pauahi Street, Suite 7 -Hilo, Hawai'i 96720 Hilo Office (808) 961-8331 • Fax (808) 961-8410 Kana Office (808) 323-4720 • Fax (808) 327-3509 July 30, 2026 TO: Alex Roy -County of Hawaii -Planning Dept. County Of Hawaii Planning Department 101 Pauahi St. Suite 3 Hilo HI. 96720 SUBJECT: Special Permit Application PL-SPP-2026-000132 Applicant: RYAN L. HERBERT AND LEAH S. HERBERT Request: To operate a 3-Bedroom Bed and Breakfast Operation within an existing farm dwelling. TMK: (3) 7-5-012:097 Kailua Kona, North Kona Hawaii This is to inform you that our records on file, relative to the status of the subject discloses that: D No Building permit was issued for work done on the premises. D No building permit was issued for the change of occupancy. D At the time of completion, the subject complied with all Building Code regulations that were in effect. D Variance from any building regulation (Building, Electrical, Plumbing, or Sign) was/was not granted. D The following violations(s) still outstanding: D Building D Electrical D Plumbing D Sign r:gj Others: Permit records indicate, completed permits BK2014-00198 for 4 Bedroom 2 ½ Bathroom dwelling, and BK2014-01507 for 3 Bedroom 2 Bathroom dwelling There are no open Building violations. This status report reflects Building Division records only and does not include information from other agencies. Should you have any questions regarding maters contained herein, please feel free to contact Bill Stewart at phone no. 808-323-4742. Hawai'i County is an Equal Opportunity Provider and Employer BD-10 Coastal Zone Management Program Environmental Review Program Land Use Commission Land Use Division Special Plans Branch State Transit-Oriented Development Statewide Geographic Information System Statewide Sustainability Branch STATE OF HAWAl'I OFFICE OF PLANNING JOSH GREEN, M.D. GOVERNOR SYLVIA LUKE LT. GOVERNOR & SUSTAINABLE DEVELOPMENT 235 South Beretania Street, 6th Floor, Honolulu, Hawai'i 96813 Mailing Address: P.O. Box 2359, Honolulu, Hawai'i 96804 Mr. Jeffrey W. Darrow Planning Director 101 Pauahi Street, Suite 3 Hilo, Hawai 'i 96720 Attn: Alex Roy Dear Mr. Darrow: July 23, 2026 MARY ALICE EVANS DIRECTOR Telephone: (808) 587-2846 Fax: (808) 587-2824 Web: https://planning.hawaii.gov/ DTS 202606291522NA Subject: Special Permit Application (PL-SPP-2026-000132) to Operate a 3-Bedroom Bed and Breakfast Operation Within an Existing Fann Dwelling, Located at 75-450 Nani Kailua Drive, Kailua-Kona, Hawai 'i; Tax Map Key: (3) 7-5-012:097 The Office of Planning and Sustainable Development (OPSD) is in receipt of your consultation request, received June 29, 2026, on a Bed and Breakfast (B&B) permit application for a property that contains an existing primary residence, a separate existing permitted agricultural dwelling proposed for the Bed and Breakfast use, and a small accessory structure. According to the request, the proposed B&B is located on one acre of State Land Use District Agricultural-zoned land. The applicant is proposing to establish a B&B within the existing 3-bedroom, 2-bathroom permitted agricultural dwelling, which is approximately 1,380 square feet. The remainder of the property will continue to be used for residential purposes, landscaping, and limited small-scale agricultural activities. No construction is proposed, and all B&B activity will be conducted in existing structures. The application states that the property is in Flood Zone X, which represents areas outside of the 0.2% annual chance flood plain. This is not a coastal parcel and is not located within the Special Management Area (SMA). The OPSD has reviewed the subject request and notes that there are two cesspools on this property. Act 125, passed in the 2017 legislative session, requires the replacement of all cesspools by 2050. OPSD notes that the Hawai 'i Cesspool Prioritization Tool, shows that the property is located in a Priority (1) Mr. Jeffrey Darrow July 23, 2026 Page 2 area for cesspool conversion. Cesspools located in Priority Level 1 have the greatest potential to impact human well-being and the environment and may be directly adjacent to sensitive environmental assets like drinking water aquifers. OPSD recommends that the applicant ensure that the current system in place has the capacity for the proposed increased usage as well as consult with state and county entities for cesspool to septic conversion. If you respond to this comment letter,please include DTS 202606291522NA in the subject line. For any questions regarding this letter,please contact Rachel Beasley of our office at(808) 587-2888 or by email at rachel.e.beasleyghawaii.gov. Sincerely, MnA kV_ Mary Alice Evans Director TO: FROM: SUBJECT: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAl'I 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAl'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 Mr. Jeffrey Darrow, Director Planning Department July 15, 2026 Keith K. Okamoto, Manager-Chief Engineer Special Permit Application (PL-SPP-2026-000132) Applicant: Ryan L. Herbert and Leah S. Herbert REC'D HAND DELIVERED Request: To Operate a 3-Bedroom Bed and Breakfast Operation Within an Existing Farm Dwelling Tax Map Key (3) 7-5-012:097 We have reviewed the subject application and have the following comments. Please be informed that an existing 5/8-inch meter (Account No. 856-86343) services the existing farm dwelling which is adequate for only one (I) single-family dwelling, at an average usage of 400 gallons per day (gpd). The Department notes that the total average daily water usage over the past two (2) years, is approximately 454 gallons, which exceeds the allowed average daily usage for the meter size. The applicant should implement water conservation measures to reduce current water use. The applicant shall be informed, should the proposed usage continue to exceed an average daily usage of 400 gallons, the Department may install a flow-reducing device on the meter should the consumption through the existing meter exceed its rated capacity or require the meter to be upsized for the usage. If a larger meter is required, a backtlow prevention assembly will also be required for that meter. The installation of the backtlow prevention assembly must be inspected and approved by the Department before the commencement/continuation of water service. Should there be any questions, please contact Mr. Jacob Sakaguchi of our Water Resources and Planning Branch at (808) 961-8070, extension 260. Sincerely yours, .p .IS:dfg copy -Ryan L. Herbert and Leah S. Herbert DWS Customer Service Section (Kona) DWS Cross Connection Section Keith K. Okamoto, P.E. Manager-Chief Engineer ... Water; Our :Most Precious (J?gsource ... 1(a Wai}l 1(ane ... The Department of Water Supply is an Equal Opportunity provider and employer. From: Linda Morabito To: Planning Internet Mail Subject: FW: Public Comment - PL-SPP-2026-000132 Date: Tuesday, August 4, 2026 12:04:09 PM Aloha, I am writing to express concerns about this B and B application. The concern regards heavy traffic through a residential subdivision. As you may be aware the B&B property is located at the top of Nani Kailua drive an approximate 1.5mile stretch of road. This is a residential street with approximately 56 driveways entering onto it and three cross streets serving two, 200 unit, neighborhood communities. As a person who walks the community daily I can attest to the large trail of vehicles that traverse this roadway connecting to Hienaloli road and leading to the ag subdivision in which this B&B would be located. As you would expect there are issues with speeding, running the stop sign, major speeding accidents at the highway intersection. The need to park on the street shoulder makes driving more unsafe for pedestrians which includes children, women and men, a large population of dogs as well as people coming and going to work. Myself and my neighbors have expressed concerns about the additional traffic a B&B will create versus long term residential renters would create. I appreciate your review of this important issue facing an already overwhelming traffic safety situation. Best Regards, Linda Morabito This e-mail message is intended solely for the use of the intended recipient and is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. This e-mail message and any attached documents contain information which may be confidential, subject to privilege, or exempt from disclosure under applicable law. Delivery of this message to any person other than the intended recipient shall not compromise or waive such confidentiality, privilege, or exemption from disclosure. 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