HomeMy WebLinkAboutPD Recommendation (PL-SPP-2026-000132) -1-
R_Herbert_SPP_2026
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
RECOMMENDATION
RYAN AND LEAH HERBERT
SPECIAL PERMIT APPLICATION (PL-SPP-2026-000132)
Upon review of the request against the guidelines for granting a Special Permit,
the Planning Director recommends this request to establish a 3-bedroom bed and
breakfast establishment be approved by the Planning Commission. Since this
recommendation is made without the benefit of public testimony, the Planning 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 requests approval of a Special Permit to operate an owner-
occupied bed and breakfast within an existing 1,380-square-foot, three-bedroom,
two-bathroom additional farm dwelling located on a 1.03-acre parcel in the State
Agricultural Land Use District. The subject property is currently developed with a
primary farm dwelling, an existing permitted additional farm dwelling, and a small
accessory storage structure. The proposed bed and breakfast would operate
exclusively within the additional farm dwelling, however, the AFD will be required
to be redesignated as the first farm dwelling (FFD) prior to the commencement of
operations; once redesignated, the primary residence would now be considered
the AFD and the rental dwelling as the FFD. No new construction, grading, land
disturbance, or expansion of existing structures is proposed.
The proposed bed and breakfast would provide a maximum of three (3)
guest rooms accommodating no more than six (6) overnight guests at any one
time. The operation would be owner-managed with no employees proposed. Guest
check-in and check-out would occur during daytime hours, and quiet hours would
be maintained between 9:00 p.m. and 7:00 a.m. Breakfast service would be limited
to pre-packaged items, fruit, and coffee for registered guests only, and no
restaurant, events, parties, or commercial gatherings are proposed. The proposal
-2-
includes three on-site parking stalls for the bed and breakfast and at least 2 on-
site parking stalls for the main dwelling, both of which utilize existing driveway
access. The applicant states that the existing County water service, wastewater
disposal system, and other site infrastructure are adequate to serve the proposed
use and that no improvements to existing utilities or access are proposed.
The proposed use is an unusual and reasonable use of land situated
within the Agricultural District that would not be contrary to the effectiveness
and objectives of Chapter 205, Hawai‘i Revised Statutes, as amended.
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 proposal would utilize existing structures and infrastructure and does
not involve new construction, grading, or land disturbance. Bed and breakfast
establishments are not a principal permitted use within the Agricultural District and
therefore require approval through the Special Permit process. The proposed
operation is limited to three (3) guest rooms accommodating a maximum of six (6)
overnight guests and is intended to function as low-intensity visitor
accommodation. The requested use represents an atypical use within the
Agricultural District; however, the Special Permit process established under
Chapter 205, HRS, provides a mechanism for consideration of such uses when
they are determined to be reasonable and not contrary to the objectives of the
Agricultural District. In addition to the above listed criteria, the Planning
Commission shall also consider the following criteria listed under Section 6-3(b)(5)
(A) through (G) of its rules of practice and procedure:
(A) Such uses shall not be contrary to the objectives sought to be
accomplished by the Land Use Law and Regulations. The objectives of
Chapter 205, Hawaiʻi Revised Statutes, include conserving and protecting
agricultural lands while providing a mechanism through the Special Permit process
-3-
to allow certain unusual and reasonable uses that are compatible with the
Agricultural District. Land Use District is located within the State Agricultural Land
Use District, is underlain by Kana soils, and is classified as Land Study Bureau
Class C, indicating lands with good agricultural capability. Existing agricultural
activities include the cultivation and maintenance of coffee, citrus, avocado,
pomegranate, pineapple, and other fruit-bearing trees and garden plantings. As
proposed, the request would not remove additional agricultural land from
production. Therefore, the use will not adversely affect the preservation and
agricultural use of the County’s agricultural lands of high agricultural potential and
is not contrary to the objectives sought to be accomplished by the State Land Use
Law and Regulations.
(B) The proposed use would not adversely affect surrounding
properties. The subject property and the adjacent parcels are located within the
A-1a zoning district and are developed predominantly with farm dwellings on
similarly sized agricultural lots. The neighborhood is characterized by rural
residential development with limited agricultural activities. The applicant proposes
to operate a small-scale, owner-managed bed and breakfast within an existing
permitted additional farm dwelling that will be required to be redesignated as the
first farm dwelling (FFD). The second existing dwelling will also be redesignated
as the additional farm dwelling (AFD) which will house the applicants (hosts).
Additionally, there is no new construction, grading, or expansion of existing
structures proposed at this time. The proposed operation is limited to three guest
rooms accommodating a maximum of six overnight guests, with three on-site
parking stalls, daytime guest check-in and check-out, and quiet hours between
9:00 p.m. and 7:00 a.m. The applicant also proposes that breakfast service be
limited to registered guests, no employees, and no events, parties, or commercial
gatherings. As proposed, the operation is intended to comply with the applicable
operational requirements for bed and breakfast establishments contained in
Hawaiʻi County Code Chapter 25 and is of a scale that is generally compatible with
the surrounding agricultural and residential uses.
-4-
No traffic impacts are anticipated due to the limited number of rooms for
rent (3) and the applicant’s limit on the number of guests allowed at any one
time (6). As such, the proposed use should not generate significant noise and
traffic impacts on 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 proposed bed and breakfast would utilize
existing development, infrastructure, and public services. Access to the property is
provided by an existing driveway from Nani Kailua Drive, and no roadway or
drainage improvements are proposed. Potable water is provided by the existing
County Department of Water Supply (DWS) connection. DWS reviewed the
application and noted that the existing 5/8-inch water meter is designed to serve
one single-family dwelling with an average daily usage of 400 gallons per day
(gpd); however, average water consumption at the property over the previous two
years was approximately 454 gpd. DWS recommends implementation of water
conservation measures and advised that continued water usage exceeding the
meter's rated capacity may require installation of a flow-reducing device or an
upgraded water meter and backflow prevention assembly. The above will be added
as a condition of approval.
Wastewater disposal is provided by existing cesspools. The Office of
Planning and Sustainable Development (OPSD) noted that the property contains
two cesspools and is located within a Priority 1 area under the Hawaiʻi Cesspool
Prioritization Tool. 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. No improvements to schools, roads, drainage facilities, or
other public infrastructure are proposed, and the applicant states that the proposed
use will not place an additional burden on emergency services. Based on the
information provided and the comments received from reviewing agencies, the
proposed use is not anticipated to unreasonably burden public facilities or services,
-5-
provided the applicant complies with the recommendations and requirements of
the appropriate reviewing agencies.
Based on the preceding and given that essential utilities and services are
available to the site, the proposed use will not unreasonably burden public
agencies to provide roads and streets, sewers, water, drainage, school
improvements, or police and fire protection.
(D) Unusual conditions, trends, and needs have arisen since
district boundaries and regulations were established. Since the establishment
of the Agricultural District and its implementing regulations, there has been
increasing recognition of the need to support diversified agricultural operations and
compatible secondary uses that contribute to the economic viability of agricultural
properties. 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 with 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 subject property is currently being
used for the cultivation and maintenance of coffee, citrus, avocado, pomegranate,
pineapple, and other fruit-bearing trees and garden plantings, and will continue to
do so. Based on the available information, the subject property does not appear to
be unsuited for the agricultural and other uses permitted within the district. The
applicant will utilize an existing permitted farm dwelling for a bed and breakfast
operation without expanding the existing development footprint or removing
agricultural land from production.
-6-
(F) The use will not substantially alter or change the essential
character of the land and the present use. The proposed bed and breakfast
would be operated entirely within an existing permitted additional farm dwelling
once it has been redesignated as the first farm dwelling (FFD) and the current FFD
is redesignated as the AFD which is included as a condition of this approval. Thus,
the subject property and surrounding area would remain predominantly rural
residential in character. As proposed, the request would not substantially alter or
change the essential character of the land or its existing residential and agricultural
use.
(G) The request will not be contrary to the General Plan and
Community Development Plan (CDP) and Zoning Code. The Land Use Pattern
Allocation Guide (LUPAG) component of the 2005 Hawaiʻi County General Plan
provides a graphic representation of the County's long-range growth and
development policies and establishes the general urban and non-urban land use
pattern throughout the County. The subject property is designated Urban
Expansion (UE) under the LUPAG. The Urban Expansion designation identifies
lands intended to accommodate the orderly future expansion of existing urban
areas while ensuring that development occurs in a coordinated manner and is
consistent with the goals and policies of the General Plan, applicable Community
Development Plans, and the availability of public infrastructure and services.
Although the property is designated Urban Expansion under the General Plan, it
remains within the State Land Use Agricultural District and is subject to the
applicable provisions of Chapter 205, Hawaiʻi Revised Statutes, and Chapter 25 of
the Hawaiʻi County Code.
The proposed request is consistent with the following goals and policies of
the 2005 Hawaiʻi County General Plan:
Land Use Element
• Designate and allocate land areas in appropriate proportions and
mix, while recognizing the social, cultural, and physical environments
of the County.
-7-
• Encourage the development and maintenance of communities that
meet the needs of residents in balance with the physical and social
environment.
Economic Element
• Provide residents with opportunities to improve their quality of life
through economic development that enhances the County's natural
and social environments.
• Promote economic development that is compatible with the physical,
cultural, and social environments of Hawaiʻi Island.
• Provide an economic environment that allows new, expanded, or
improved economic opportunities compatible with the County's
natural, cultural, and social resources.
The proposed bed and breakfast would provide the applicant with an
opportunity for small-scale visitor accommodation within an existing structure while
maintaining the property's existing residential and agricultural character.
The proposed use is consistent with the applicable provisions of Chapter
25, Hawaiʻi County Code, governing bed and breakfast establishments. The
applicant proposes an owner-managed operation within an existing dwelling,
limited to three (3) guest rooms accommodating a maximum of six (6) overnight
guests, with breakfast service limited to registered guests and no events or
commercial gatherings proposed. The use is located within the State Agricultural
Land Use District, where bed and breakfast establishments may be considered
through the Special Permit process.
The Kona Community Development Plan (KCDP) recognizes the
importance of maintaining Kona's rural character while supporting diversified
agricultural activities and visitor experiences that are compatible with the region's
natural and cultural resources. Section 4.8.2 of the KCDP encourages the
enhancement of agricultural tourism opportunities. The proposed bed and
breakfast would operate within an existing permitted structure, maintain the
-8-
property's existing agricultural activities, and provide small-scale visitor
accommodation consistent with the goals and policies of the KCDP.
Based on the foregoing, the proposed request is not contrary to the 2005
Hawaiʻi County General Plan, the Kona Community Development Plan, or Chapter
25 of the Hawaiʻi County Code.
The request is not contrary to Chapter 205A, Hawai‘i Revised Statues,
relating to Coastal Zone Management. The subject property is located outside
of the County's Special Management Area (SMA), and the proposed bed and
breakfast would operate entirely within an existing permitted additional farm
dwelling only after it has been redesignated as the first farm dwelling (FFD). The
existing FFD will be redesignated as the AFD in which the applicants (hosts) will
reside. No new construction, grading, land disturbance, shoreline alteration, or
expansion of existing structures is proposed. Existing access, parking, utilities, and
infrastructure would continue to be utilized. As discussed previously, the proposal
would not adversely affect agricultural activities on the property or require the
extension of urban infrastructure. Accordingly, the request is consistent with the
objectives of Chapter 205A, Hawaiʻi Revised Statutes, to protect, preserve, and,
where possible, restore the natural resources of the coastal zone while
encouraging the appropriate use of existing developed areas. Therefore, the
proposed request is not contrary to 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: No formal archaeological inventory
survey, cultural impact assessment, oral history, ethnographic study, historical
documentary research, or biological survey was submitted as part of the
application. The applicant states that no known archaeological or historic
-9-
resources are present on the subject property and that no land disturbance is
proposed.
The valued cultural, historical, and natural resources found in the special
permit area: According to the applicant, no known archaeological or historic
resources are present on the subject property, and no archaeological studies or
agency correspondence identifying cultural resources were submitted. The
property is developed with an existing primary dwelling, an existing permitted
Additional Farm Dwelling, an accessory storage structure, existing landscaping,
and agricultural plantings including coffee, citrus, avocado, pomegranate,
pineapple, and other fruit-bearing trees and garden plantings. The applicant states
that no significant impacts to flora, fauna, or the surrounding environment are
anticipated; however, no professional biological surveys or inventories of sensitive
plant or wildlife species were included with the application.
Possible adverse effect or impairment of valued resources: The proposed
request consists solely of the operation of a bed and breakfast within an existing
permitted additional farm dwelling (AFD) only after the applicants have
redesignated the AFD as the first farm dwelling (FFD); once redesignated the FFD
will be considered the bed and breakfast dwelling, and the AFD will house the
applicants (hosts). Because the request would utilize existing structures and
infrastructure, the potential to adversely affect archaeological, cultural, historical,
or natural resources is expected to be minimal.
Feasible actions to protect native Hawaiian rights: Based on the information
provided, no known traditional or customary Native Hawaiian gathering, access, or
cultural practices have been identified on the subject property. The applicant
indicates that no known archaeological or historic resources are present, and the
proposed request would not involve land disturbance or modification of the existing
site. Therefore, based on the information contained in the record, the proposed
request is not anticipated to adversely affect the exercise of traditional and
customary Native Hawaiian rights. Should archaeological or cultural resources be
inadvertently discovered during any future ground-disturbing activities, all work in
-10-
the immediate vicinity should cease and the appropriate agencies, including the
State Historic Preservation Division, should be notified in accordance with
applicable laws and regulations.
Lastly, this approval is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental
requirements in connection with the approved use, prior to its commencement or
establishment upon the subject property. Additional governmental requirements
may include the issuance of building permits, the installation of approved
wastewater disposal systems, compliance with the Building Code and 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 three-bedroom bed and
breakfast establishment is an unusual and reasonable use of land which would
support 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, its successors, or assigns (“Applicant”) shall be responsible
for complying with all stated conditions of approval.
2. The operation of the three-bedroom bed and breakfast shall be conducted
in a manner that is substantially representative of plans and details
contained within the Special Permit application dated May 28, 2026, and
representations made to the Leeward Planning Commission. Any
expansion of the facility or uses beyond what is represented in these
documents shall require an amendment to this permit.
3. The bed and breakfast operation shall be limited to the use of three (3)
bedrooms for rent and no more than six (6) guests at one time.
4. A minimum of four (4) parking stalls shall be provided on-site for guest and
operator parking for the bed and breakfast establishment.
-11-
5. At no time shall the permitted use on the subject property include events,
weddings, retreats, group activities, commercial gatherings or amplified
music.
6. The applicant shall redesignate the First Farm Dwelling and the Additional
Farm Dwelling (AFD) by letter addressed to the Planning Department prior
to commencement of the bed and breakfast operation.
7. The Applicant shall implement water conservation measures to reduce
water consumption associated with the approved use. Should water usage
exceed the rated capacity of the existing water meter, the applicant shall
comply with any additional requirements of the Department of Water
Supply, including, but not limited to, the installation of a flow-reducing
device, water meter upgrade, and/or backflow prevention assembly, as
determined necessary by DWS.
8. The Applicant shall ensure that the existing wastewater disposal system is
adequate to accommodate the approved bed and breakfast use and shall
comply with all applicable requirements of the Hawaiʻi State Department of
Health and other agencies having jurisdiction over wastewater disposal.
The applicant shall also consult with the appropriate state and county
agencies regarding future cesspool conversion requirements in accordance
with applicable law.
9. Emergency and hazard information, including but not limited to, notification
of the monthly Civil Defense siren tests, evacuation routes, and contact
information of the Civil Defense Agency, Police and Fire Departments shall
be prominently displayed within the building(s) being used for the bed and
breakfast operation.
10. The Applicants shall comply with all requirements of Section 25-4-7 of the
Zoning Code, Hawaiʻi County Code Chapter 25, as amended, relating to
bed and breakfast establishments.
11. The Applicants shall comply with food service operations notification and
permit requirements in the State Department of Health’s Administrative
-12-
Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to bed and
breakfast operations.
12. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g. rock walls, terraces, platforms,
etc.), cultural deposits, marine shell concentrations, sand deposits, or sink
holes are identified during the demolition and/or construction work, the
Applicants shall cease work in the immediate vicinity of the find, protect the
find from additional disturbance and contact the Department of Land and
Natural Resources-State Historic Preservation Division (SHPD) at (808)
933-7651. Subsequent work shall proceed upon archaeological clearance
from SHPD when it finds that sufficient mitigation measures have been
taken.
13. The Applicants shall comply with all applicable County, State and Federal
laws, rules, regulations, and requirements in connection with the approved
use, prior to its commencement upon the subject property.
14. Should any of these conditions not be met or substantially complied with in
a timely fashion, the Planning Director may initiate procedures to revoke
this Special Permit.