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HomeMy WebLinkAboutPD Background Report (PL-SPP-2026-000140)1 BSidmoreRhodes.crk.7.21.26 COUNTY OF HAWAI‛I PLANNING DEPARTMENT BACKGROUND REPORT MARK ROBERT SIDMORE AND CALEB MICAIAH RHODES SPECIAL PERMIT APPLICATION NO. PL-SPP-2026-000140 MARK ROBERT SIDMORE and CALEB MICAIAH RHODES are requesting a Special Permit to establish a 3-bedroom bed and breakfast within a 4-bedroom single-family dwelling. The request also includes approximately 2,400 square feet of the adjoining property, which will provide the required off-street guest parking. The total permit area encompasses approximately 11,400 square feet in the State Land Use Agricultural District. The subject properties are located at 12-7208 and 12-7210 Kalapana-Kapoho Beach Road at its northeast intersection with Laʻau Loke Street, Kehena Beach Estates Subdivision, Puna, Hawaiʻi, TMKs: (3) 1-2-031:006 and :007 (por.). APPLICANTS’ REQUEST 1. Request: The applicants request a Special Permit to establish a hosted, 3- bedroom bed and breakfast (B&B) operation within an existing 3,168-square-foot single-family dwelling situated on Parcel 006. The applicant is requesting overnight accommodations for a maximum of ten (10) guests within three guest bedrooms while maintaining a fourth bedroom for a full-time resident operator. Guests and the resident operator would share the existing kitchen and common living areas. Breakfast service would be limited to registered guests, and no weddings, commercial events, retreats, or similar gatherings are proposed. Although the application describes the existing dwelling as containing four bedrooms, County building permit records indicate that the dwelling was originally permitted with two bedrooms. Building Permit No. PW.B2026-001781 has been issued, and the Department of Public Works, Building Division, requires the applicants to revise the permit to identify the proposed use of the dwelling as a transient lodging house, including the number of guest rooms and maximum occupancy. The proposed use must comply with Section 310.4.2 of the 2018 International Building Code, which limits a transient lodging house to an owner- 2 occupied dwelling with five or fewer guest rooms and no more than ten occupants. Following approval of the permit revision, the permit must be completed through final inspection prior to commencement of the approved bed and breakfast use. The request also includes the use of approximately 2,400 square feet of adjacent Parcel 007 to provide five off-street parking stalls, associated maneuvering area, and a pedestrian walkway connecting the parking area to the dwelling. Although Parcel 007 contains approximately 17,914 square feet, only the parking area and walkway are proposed to be included within the Special Permit boundary. The remainder of Parcel 007 will continue to be used for residential purposes. 2. Reasons for Request: According to the application materials, the applicants have previously operated the dwelling on Parcel 006 as a hosted transient accommodation and are seeking a Special Permit to establish the use as a legally permitted hosted bed and breakfast in accordance with Hawaiʻi County Code. The applicants state that approval of the request will allow them to continue operating a small-scale visitor accommodation while maintaining an owner/operator on-site and utilizing the existing dwelling without exterior expansion or substantial site modification. 3. Hours of Operation: The B&B will operate daily, year-round. Guest activity would generally be associated with overnight accommodations. Quiet hours will be maintained in accordance with the applicants’ operational policies. 4. Staff: The B&B will be operated by a full-time resident operator who will occupy the fourth bedroom within the dwelling. No additional employees are proposed. 5. Landowners: Mark Robert Sidmore and Caleb Micaiah Rhodes. 6. Supportive Information: The applicants have submitted the attached in support of the request: (Planning Department Exhibit 1 – Special Permit Application accepted June 26, 2026). DESCRIPTION OF STATE & COUNTY PLANS 7. State Land Use District: Agricultural. 8. General Plan 2045 Land Use Designation: Rural, which includes areas 3 situated outside Urban Growth Areas (UGA). Except where noted, these areas should retain their rural character with low-density residential development, supporting small-scale commercial development, and agricultural land uses. Rural areas should not be targeted with the development of major public infrastructure or the extension of public sewer service except where a documented health, safety, and/or welfare condition warrants such an expansion. Dwelling density up to 4 units per acre. 9. County Zoning: Agricultural-1 acres (A-1a). 10. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaiʻi County Council, Ordinance No. 08-116, on September 10, 2008 and most recently amended on June 8, 2011. The subject parcels are not located within any PCDP designated Neighborhood Village Center, Community Village Center, or Regional Town Center. 11. Special Management Area (SMA): The subject property is located within the County's Special Management Area approximately 250 feet from the shoreline but is not a shoreline parcel. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 12. Subject Properties (Permit Area): The permit area consists of two contiguous properties (Parcel 006 & Parcel 007). Parcel 006 consists of approximately 9,000 square feet and is improved with an existing two-story, 3,168-square-foot single-family dwelling constructed in 2009 and related improvements. County building permit records identify the dwelling as having been permitted with two bedrooms. The applicants propose to utilize three bedrooms for guests and one bedroom for the resident operator. The Building Division requires a revision to Building Permit No. PW.B2026-001781 to identify the dwelling's proposed use as a transient lodging house, including the number of guest rooms and maximum occupancy, followed by completion of all required final inspections. No structural expansion of the dwelling is proposed as part of the Special Permit request. Parcel 007 consists of approximately 17,914 square feet and is located immediately adjacent to the west of Parcel 006 under common ownership. It is 4 improved with a 1,260 square-foot single family dwelling and related improvements. Approximately 2,400 square feet of Parcel 007 is proposed to be included within the Special Permit area to accommodate five off-street guest parking stalls, associated vehicular maneuvering area, and a pedestrian walkway connecting the parking area to the dwelling. The remaining portion of Parcel 007 will remain in residential use and is not proposed to be part of the bed and breakfast operation. 13. Surrounding Zoning and Land Uses: The subject property and surrounding lands are zoned Agricultural-1 Acre (A-1a) and lie within the State Land Use Agricultural District. The surrounding neighborhood consists of the Kehena Beach Estates subdivision, an established residential community characterized by approximately 9,000-square-foot lots developed primarily with single-family dwellings. Several nearby properties also operate as transient vacation accommodations. 14. USDA Soil Survey Report: The soil of the project site is listed as Hakuma highly organic hydrous loam, dry, with 2 to 10 percent slopes (2mrl9). These soils are derived from volcanic ash over pahoehoe lava, are moderately well drained, exhibit a high runoff classification, and are not considered prime farmland. 15. Flood Insurance Rate Map (FIRM): Zone “X,” determined by FEMA to be an area of minimal flood hazard. 16. Land Study Bureau’s Overall Productivity Rating: “E” or Very Poor. 17. Agricultural Lands of Importance to the State of Hawai‘i (ALISH): Undesignated by ALISH. 18. Flora and Fauna Resources: No formal biological survey was prepared for the permit area. The property has been previously developed for residential use and is landscaped primarily with ornamental vegetation, with kupukupu fern identified as the only native plant within the landscaped areas. Wildlife observed in the surrounding area is typical of developed residential neighborhoods in lower Puna and consists primarily of introduced bird species, domestic animals, rats, and mongooses. 5 19. Archaeological Resources: No archaeological studies have been conducted for the permit area as both parcels have been previously cleared and developed for residential purposes, and the application materials identify no known historic properties within the permit area. Furthermore, no ground disturbing activities are proposed. 20. Valued Cultural Resources: No cultural resource study was prepared for the permit area, and no known archaeological, historic, or cultural resources have been identified on the subject property. The property has been previously developed for residential use, and no threatened or endangered species or other sensitive natural resources have been identified within the permit area. 21. Public Access: There is no known public access to the mountains or the shoreline that runs through the property. PUBLIC SERVICES AND FACILITIES 22. Access/Parking: Primary vehicular access to Parcel 006 is from Kalapana- Kapoho Beach Road via an existing driveway serving the residence on the property. Access to the proposed, 5-stall guest parking area on the adjoining Parcel 007 will be from Laʻau Loke Street via an existing driveway. A pedestrian walkway will connect the parking area to the B&B on Parcel 006. 23. Traffic: The proposed B&B operation would accommodate a maximum of ten overnight guests within three guest bedrooms. Given the limited scale of the operation and the existing residential use of the property, only a minor increase in daily vehicle trips is anticipated. The Hawaiʻi Police Department reviewed the application and indicated that it has no comments or concerns regarding traffic or public safety associated with the proposed request. 24. Water: As there is no county water available to the subject property, non-potable and fire suppression water for the proposed use will be provided by an existing, private rain catchment tank. The applicants have stated that bottled water will be provided to guests for potable water needs. The adequacy and configuration of the water supply for fire protection shall be subject to applicable Fire Department and Building Code requirements. 6 25. Wastewater: There is no County sewer service in the vicinity of the permit area. Wastewater generated by the proposed use will continue to be managed by an existing septic system. The State Department of Health reviewed the application and indicated that any food service, wastewater disposal, and related health requirements associated with the proposed bed and breakfast shall comply with applicable State regulations. 26. Other Essential Utilities and Services: Electrical and telecommunications service are available to the site. Police, Fire and Medical services are located approximately 18 miles away in Pāhoa. AGENCY COMMENTS 27. Department of Public Works - Building Division: (Planning Department Exhibit 2 – July 31, 2026 Memo) 28. State Department of Health (Planning Department Exhibit 3 – July 2, 2026 Memo) AGENCIES – NO COMMENT OR CONCERN 29. Department of Water Supply, Police Department and State Office of Planning and Sustainable Development. AGENCIES/ASSOCIATIONS – NO RESPONSE 30. Department of Public Works-Engineering Division, Department of Environmental Management, Fire Department, State Land Use Commission, State Department of Agriculture, and State Department of Land and Natural Resources-Land Division and Engineering Division. APPLICANT’S RESPONSE TO AGENCY COMMENTS 31. Applicant’s Response to Agency Comments (Planning Department Exhibit 4 – August 12, 2026 Memo) PUBLIC COMMENTS 32. Opposition Testimony from Ron Tyler Bird and Denise L. Bird (Planning Department Exhibit 5 – August 19, 2026 Letter) 33. Support Testimony from Gary J Joaquin and James A Szabo (Planning Department Exhibit 6 – August 21, 2026 Email) 7 34. Support Testimony from David Erwin and Jason Green (Planning Department Exhibit 7 – August 21, 2026 Email) 35. Support Testimony from Jill McGregor (Planning Department Exhibit 8 – August 24, 2026 Email) APPLICANT’S RESPONSE TO PUBLIC COMMENTS 36. Applicant’s Response to Bird Opposition Testimony (Planning Department Exhibit 9 – August 21, 2026 Letter) June 26, 2026 Mark Robert Sidmore & Caleb Micaiah Rhodes 12-7208 Kalapana-Kapoho Beach Road Pahoa, Hawaiʻi 96778 (808) 214-2078 | County of Hawaiʻi Planning Department Attn: Christian Kay, Planner Aupuni Center, 101 Pauahi Street, Suite 3 Hilo, Hawaiʻi 96720 RE: Special Permit Application for a Bed and Breakfast – Updated Submission Applicants: Mark Robert Sidmore & Caleb Micaiah Rhodes TMK: (3) 1-2-031:006 and 007 (por.) – Kehena Beach Estates, Puna Application No.: PL-SPP-2026-000140 Aloha Mr. Kay, Thank you for your June 25, 2026 note. We are resubmitting the enclosed materials as a complete package for our Special Permit application to operate a hosted bed and breakfast at 12-7208 Kalapana-Kapoho Beach Road in Kehena Beach Estates, Puna. This submission provides the land-area estimate you requested and updates the application form and Background and Environmental Report to match. Land area under the Special Permit. The bed and breakfast use occupies all of Parcel 006 (TMK (3) 1- 2-031:006), a 9,000-square-foot lot with the existing four (4) bedroom dwelling and grounds. On the adjacent Parcel 007 (TMK (3) 1-2-031:007), only the area used for guest parking and the connecting walkway is included under the permit, approximately 2,400 square feet. That area covers the five (5) parking stalls, the back-up and circulation needed to enter and exit them from Laau Loke Street, and a pedestrian walkway to the dwelling. The remainder of Parcel 007 stays in residential use, and the total land area used under the Special Permit is approximately 11,400 square feet. Application form and Environmental Report. The Tax Map Key line on the application form now lists both parcels, (3) 1-2-031:006 and 007 (por.), and the “Size of Property / Area of Requested Use” entry now reads the total area of use across both parcels, approximately 11,400 square feet. The Background and Environmental Report cover page now references both Tax Map Keys, and its project description states the parking and walkway area, so the report and form agree. The application and our signatures remain valid as submitted; only the items above have been updated. The following are enclosed: 1. Special Permit Application form (updated), signed by the applicants, with fee simple landowner authorization; 2. County Background & Environmental Report (updated), prepared by MK Planning LLC; 3. Site Plan (Sheet A01, dated June 6, 2026); 4. Floor Plans Sheets A02.1 and A02.2, dated June 6, 2026); and 5. County Real Property Tax Office confirmation letter (May 5, 2026). Please direct correspondence to us as the applicants, with copies to MK Planning LLC (), which assisted in preparing the materials. We appreciate your review and look forward to finalizing the application for intake; please contact us if anything further is needed. Mahalo, Mark Robert Sidmore, Applicant / Owner _________________________________ Caleb Micaiah Rhodes, Applicant / Owner cc: MK Planning LLC SPECIAL PERMIT APPLICATION COUNTY OF HAWAIPLANNING 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: COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST MARK ROBERT SIDMORE & CALEB MICAIAH RHODES KEHENA BEACH ESTATES, PUNA, COUNTY OF HAWAI‘I TMKs: (3) 1-2-031:006 & 007 (por.) Prepared by MK Planning LLC June 26, 2026 Table of Contents I. INTRODUCTION .................................................................................................................... 3 II. PROJECT DESCRIPTION ..................................................................................................... 3 3A. Project Concept and Components .................................................................................... 3 3B. Subject Property Description ............................................................................................ 8 3C. Institutional Considerations .............................................................................................10 3D. Surrounding Zoning and Land Uses ................................................................................12 3E. Flood Insurance Rate Map ..............................................................................................13 3F. Archaeological Resources ...............................................................................................13 3G. Valued Cultural Resources .............................................................................................13 3H. Floral and Faunal Resources ..........................................................................................14 3I. Public Access ...................................................................................................................14 3J. Description of Access ......................................................................................................14 3K. Traffic Impacts.................................................................................................................15 3L. Availability of Utilities .......................................................................................................15 III. REGULATORY ANALYSIS ..................................................................................................15 4A. Coastal Zone Management .............................................................................................15 4B. Impacts to Surrounding Properties ..................................................................................15 4C. Impacts to Public Agencies .............................................................................................16 4D. Unusual Conditions .........................................................................................................16 4E. Land Suitability for Permitted Uses ..................................................................................16 4F. Land Character and Present Use ....................................................................................17 4G. Relationship to General Plan ..........................................................................................17 4H. Unusual and Reasonable Use .........................................................................................17 I. INTRODUCTION Mark Robert Sidmore and Caleb Micaiah Rhodes (“applicants”) are requesting a Special Permit to operate a bed and breakfast on the subject property identified by Tax Map Key (3) 1-2-031:006. The request also includes a small portion of the adjacent property, identified by Tax Map Key (3) 1-2-031:007, which is also owned by the applicants and which will provide off-street parking for bed and breakfast guests. The properties are located on the west side of Kalapana-Kapoho Beach Road, approximately 140 feet northeast of its intersection with Laau Loke Street and approximately 650 feet west of Kehena Beach (Figure 1). Parcel 006 contains 9,000 square feet of land, zoned Agricultural 1-acre (A-1a). Parcel 006 contains a 3,168 square foot single-family dwelling permitted under Building Permit Nos. 011360, 020686, 021592 and 031863. The dwelling contains four (4) bedrooms and four (4) baths, as confirmed by the County Real Property Tax Office (confirmation letter dated May 5, 2026). The applicants have applied for a change-of-use building permit (Permit No. PW.B2026-001781) to formally classify a former studio and a former storage room as bedrooms #3 and #4 for sleeping room use, as requested by the Planning Department; this change of use involves no structural, electrical, or plumbing changes. The change-of-use permit will authorize the dwelling to operate as a bed and breakfast with three (3) guest bedrooms and a fourth bedroom occupied by the on- site operator. The applicants wish to operate the dwelling on Parcel 006 as a three (3) bedroom bed and breakfast. Three of the bedrooms will be available to registered guests, and the fourth bedroom will be occupied by a full-time, on-site operator (as designated on the site and floor plans dated June 6, 2026). Guests and the on-site operator will share the kitchen and common living areas of the dwelling. The applicants, who purchased property in 2022, have operated the dwelling as a hosted transient accommodation. In order to ensure that their small business operation remains legitimate and in full compliance with County regulations, the applicants seek this Special Permit to operate the dwelling as a bed and breakfast with a full-time operator residing on-site. The applicants will comply with all County registration and operational requirements applicable to the use. Alternative visitor experiences are in high demand in Hawai‘i. Many visitors are looking for accommodations outside of the typical resort environment, and bed and breakfast accommodations provide alternative lodging for visitors seeking a more personal experience. This area of Puna already hosts many short-term rental accommodations, and the subject property itself has a long history of use as a hosted transient accommodation. Approval of this bed and breakfast Special Permit would contribute to the economic development of the County while remaining consistent with the social and physical character of the surrounding area. II. PROJECT DESCRIPTION 3A. Project Concept and Components The applicants respectfully request a Special Permit to operate a bed and breakfast on the subject property. A site plan of the proposed project area and floor plans of the dwelling are attached as Figures 2 and 3. The bed and breakfast Special Permit operations will include the following elements: 1. Accommodations for up to ten (10) guests in three (3) guest bedrooms; 2. A full-time, on-site operator residing in the fourth bedroom, with guests and the operator sharing the kitchen and common living areas; 3. A change-of-use building permit (Permit No. PW.B2026-001781) classifying converted rooms as bedrooms. 4. Designated off-street parking provided within a parking area on the applicants’ adjacent Parcel 007, accessed from an on-site driveway; and 5. Breakfast may be provided only to registered guests; no other meals will be provided. 6. No special wedding or outdoor events will be held on the premises. The applicants own both Parcel 006 and Parcel 007 and will license/grant the use of the designated parking area on Parcel 007 to serve the bed and breakfast on Parcel 006. As shown on the site plan (Figure 2), the parking area provides five (5) off-street stalls that are reached from an on-site driveway consistent with Hawai‘i County Code (HCC) §25-4-54(b). The parking stalls and access drive are a stabilized, graded grassed surface, maintained to eliminate erosion, mud, and standing water; per HCC §25-4-54(d), paving is not required in this zoning district. Figure 1: Location Map- Red is subject Parcel/ Yellow is Parking area Figure 2: Site Plan (MK Planning, Sheet A01, dated 6.6.2026) Figure 3a: Floor Plans – Level 1 (MK Planning, Sheet A02.1) Figure 3b: Floor Plans – Level 2 (MK Planning, Sheet A02.2) 3B. Subject Property Description The project site consists of a bed and breakfast operation on TMK (3) 1-2-031:006 and a parking area on the adjacent TMK (3) 1-2-031:007. Parcel 006 contains 9,000 square feet and Parcel 007 contains 17,914 square feet; both parcels are nonconforming in size relative to the one-acre minimum lot area of the Agricultural 1-acre (A-1a) zoning district. The bed and breakfast use occupies all of Parcel 006 (the existing dwelling and grounds), while only a portion of Parcel 007— approximately 2,400 square feet—is used for the guest parking area, its vehicular back-up and circulation, and a pedestrian walkway connecting the parking area to the dwelling. The total land area utilized under the Special Permit is therefore approximately 11,400 square feet. The project area is located on the west side of Kalapana-Kapoho Beach Road, approximately 140 feet northeast of its intersection with Laau Loke Street and approximately 650 feet west of Kehena Beach (Figure 1). Access to the parcels is from Kalapana-Kapoho Beach Road. The project area is part of the Kehena Beach Estates subdivision, which was created through Subdivision No. 2162-A in 1964. The Land Use Pattern Allocation Guide (LUPAG) designates the project area primarily as Rural (Figure 4), with a small portion fronting Kalapana-Kapoho Beach Road designated as Open. Despite the Agricultural designation of the parcel, its size and soil quality make it unsuitable for agricultural use. The Land Study Bureau (LSB) classifies the entire project area as E, or “Very Poor” (Figure 5). Under the Agricultural Lands of Importance to the State of Hawai‘i (ALISH) classification system, the subject site is unclassified. The U.S. Department of Agriculture Natural Resource Conservation Service (NRCS) has designated the soil type for the project area as Hakuma highly organic hydrous loam, dry, with 2 to 10 percent slopes (2mrl9). The soil is derived from ash fields on pahoehoe lava flows and is moderately well drained with a high runoff class. It is not considered prime farmland. The area is considered Lava Zone 2, on a scale ranging from 9 to 1 (least hazardous to most hazardous). The site is located roughly 250 feet from the shoreline and is not in the Conservation District, although it is within a Special Management Area. The project area has been entirely cleared and used residentially for many years. Vegetation on the property consists primarily of non-native common coastal landscaping including ti leaf, monstera, song of India, ferns, and palm trees. The bed and breakfast operation requires a designated off-street guest parking area with appropriate driveway access, which is provided on the applicants’ adjacent Parcel 007. In addition, the change-of-use building permit (Permit No. PW.B2026-001781) noted above formalizes the bedroom classifications. The individual wastewater system serving the dwelling will be designed and installed in compliance with the requirements of the Department of Health (DOH). Figure 4: LUPAG Map (Subject Parcel located within “Rural” adjacent to Open) Figure 5: Land Study Bureau Map (Parcel and surrounding area all categorized “E”) 3C. Institutional Considerations State Land Use The subject site is designated State Land Use Agriculture. The Special Permit area consists of the 9,000-square-foot Parcel 006 plus an approximately 2,400-square-foot parking and walkway area located on the applicants’ adjacent Parcel 007, for a total of approximately 11,400 square feet. Based on the size of the project area, no State Land Use Commission action is required, and the County of Hawai‘i can process the Special Permit request. Hawai‘i Revised Statutes (HRS) §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. The unusual and reasonable use of the land is further described in Section 4H below. Special Management Area The project area is located approximately 250 feet from the shoreline. It is not a shoreline parcel, but it is located within the Special Management Area (SMA). Upon approval of the Special Permit, the applicants will submit an SMA Assessment application as required for the change-of-use bedroom permit and any associated work. County Zoning and General Plan The County zoning of the project area is Agricultural 1-acre (A-1a) (Figure 6). Hawai‘i County Code Section 25-4-7 specifies that a bed and breakfast establishment may be permitted in the Agricultural zoning district and within the State Land Use Agricultural district by a special permit. The use of the dwelling as a bed and breakfast will be subordinate and customarily incidental to the principal use of the residence by its on-site operator and will not alter or be detrimental to the character of the surrounding area. Thus, the Special Permit request aligns with County Zoning Code requirements. The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the project area primarily as Rural, with a small portion along Kalapana-Kapoho Beach Road designated as Open (Figure 4). The Rural designation is intended for existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Allowable uses within this area, with appropriate zoning, may include commercial and public facilities that serve the residential and agricultural uses in the area. Relative to this designation, the General Plan and Hawai‘i County Code Section 25-4-7(a) allow for the establishment of a bed and breakfast on agriculturally zoned lands provided that a special permit is issued. Figure 6: Zoning Map General Plan Discussion The Hawai‘i County General Plan serves as a guide for decision-makers in land use matters. The proposed project is conducive to the General Plan’s guidelines as it conforms to the following goals, policies, and standards of the General Plan: • 2.2 Goals (a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County’s natural and social environments; (b) Economic development in balance with the physical, social and cultural environments; (c) Strive for diversity and stability in the economic system; (d) Provide an economic environment that allows new, expanded, or improved economic opportunities compatible with the County’s cultural, natural, and social environment; (e) Strive for an economic climate that provides residents an opportunity for choice of occupation; (f) Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. • 2.3 Policies (c) Encourage the development of a visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County; (y) Encourage new industries that provide favorable benefit-cost relationships to the people of the County. • 4.2 Goals (a) Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors quality of life and a sustainable environment. • 14.1.2 Goals (a) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • 14.1.3 Policies (a) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The General Plan also encourages the development of small-scale accommodations, noting that niche tourism markets such as eco-tourism and health and wellness tourism have established themselves throughout the island and have growth potential by promoting the abundance of natural, historical and cultural resources the island has to offer. Approval of the requested Special Permit would be in line with the aforementioned economic, environmental and land use goals and policies of the General Plan by allowing the applicants to permit a long-running transient accommodation business as a bed and breakfast. This area contains several other transient accommodations, and thus use of the dwelling as a bed and breakfast is consistent with the character of the surrounding area. Additionally, approval of this Special Permit will allow the applicants to continue offering niche alternative lodging options to island visitors. Puna Community Development Plan The Puna Community Development Plan (PCDP) further defines the General Plan and serves as a guide for decision-makers. The proposed Special Permit request is conducive to the following goals, objectives and policies outlined in the PCDP: 2.1.1 Goals (c) areas of scenic and cultural interest remain accessible without detracting from their value; (d) awareness and appreciation of the host culture is expanded; (f) tourism in Puna is compatible with historic and natural resources and not intrusive into the area’s communities; and 3.1.1 Goals (b) the quality of life improves and economic opportunity expands for Puna’s residents. Discussion: The proposed Special Permit request seeks to utilize an existing residence as a three- bedroom hosted bed and breakfast. Use as a bed and breakfast is compatible with the surrounding area, as there are many other similar establishments already established nearby. The subject dwelling has a history of transient accommodation use, and the applicants now seek to solidify and legitimize that use through this Special Permit. The request does not propose any alterations to the exterior of the dwelling and therefore poses no visual impacts to the surrounding area. 3D. Surrounding Zoning and Land Uses The project area and surrounding properties are zoned A-1a. The parcels are located within Kehena Beach Estates and are surrounded by several other approximately 9,000 square foot lots created through the 1964 Kehena Beach Estates subdivision (Subdivision No. 2162-A). Despite their Agricultural zoning, the poor soil quality and small size of the parcels render them ill-suited for agricultural uses. Thus, use of the surrounding area is primarily residential, with several nearby properties operating as short-term vacation rentals. 3E. Flood Insurance Rate Map The Federal Emergency Management Agency’s Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Flood Zone X (areas outside of the 0.2% annual chance floodplain) (Figure 7). 3F. Archaeological Resources No commissioned archaeological survey of the site was made; however, as the subject property has been cleared and developed in its entirety for residential uses for many years, it is unlikely any archaeological resources will be encountered on the site. Nevertheless, in the event any inadvertent discoveries are made during any activity relating to this project, work will cease, and the applicants will immediately notify the Planning Department and the State Department of Land and Natural Resources (DLNR) and secure their clearances before proceeding further. 3G. Valued Cultural Resources The Hawai‘i State Supreme Court’s PASH and Ka Pa‘akai O Ka ‘Aina decisions require decision- makers to consider a project’s impact to native Hawaiian practices and resources. Specifically, prior to making a decision, State and County agencies must identify the cultural, historical, and natural resources and associated traditional and customary practices of the site, the impacts of the proposed project to those resources and practices, and the feasible actions (i.e., mitigation measures), if any, to protect such resources and practices. No known archaeological sites, historical or cultural resources are known to be located on the property. It is not known whether the subject site or immediately surrounding area was ever used for traditional and customary rights by native Hawaiians. Since the site has been previously cleared in its entirety for residential uses for many years, it appears unlikely that the site would serve such a purpose today or in the recent past. However, in the event any archaeological resources are found on the property, all ground-disturbing activity would cease, and the DLNR State Historic Preservation Division would be contacted immediately. Figure 7: Hawaii Flood Hazard Map 3H. Floral and Faunal Resources Although there was no professional survey of the floral and faunal resources of this site, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found on the property. The subject property has been cleared and developed for residential use, including landscaping with common coastal plants such as ti leaf, monstera, song of India, ferns, and palm trees. The only native plant in the landscaping is kupukupu fern (Nephrolepis cordifolia), a hearty sword fern commonly found on young lava flows. Introduced bird species such as dove, house sparrow, house finch, saffron finch, Japanese white- eye, and myna are common in this area. Domestic animals such as cats and dogs, and other animals such as rats and mongoose, are also common. These are all common and not endangered. As such, it is unlikely that the proposed use of the subject property would cause any adverse faunal impacts. 3I. Public Access The subject parcel is not a shoreline parcel and is located approximately 250 feet from the shoreline on the mauka side of Kalapana-Kapoho Beach Road. As such, no public shoreline access will be affected by this request. 3J. Description of Access The subject site is accessed off Kalapana-Kapoho Beach Road, a county-owned and maintained roadway with a 50-foot right-of-way and 20 feet of pavement width. The condition of Kalapana- Kapoho Beach Road proximate to the subject parcel is good. Guests will access designated off- street parking located on the applicants’ adjacent Parcel 007 by way of an on-site driveway. The parking area is a stabilized, graded grassed surface in conformance with HCC §25-4-54(d) and provides off-street stalls reached from the on-site driveway, consistent with HCC §25-4-54(b). 3K. Traffic Impacts Traffic on Kalapana-Kapoho Beach Road is generally low and consists of residents of the area and visitors. Traffic generated by the proposed request would be negligible and limited to registered guests of the bed and breakfast. Due to the proposed maximum of ten (10) guests, the traffic generated by the proposed use will not represent a significant increase over existing residential levels. Additionally, the subject property has long been used for transient accommodation, and thus traffic generated by the proposed use should remain consistent with current levels. 3L. Availability of Utilities HELCO power is available to the site. Water is available from an existing water catchment and filtration system. However, since the Department of Health does not support the use of private rain catchment systems for drinking purposes, the applicants will provide bottled drinking water to guests. The property is not served by County or private sewer systems; wastewater from the existing dwelling is disposed of through an individual wastewater (septic) system, which has been upgraded in compliance with Department of Health requirements (RED Engineering, PLLC, Job No. 703-26-20). III. REGULATORY ANALYSIS 4A. Coastal Zone Management The proposed use is not contrary to Chapter 205A, Coastal Zone Management. The subject parcel is located approximately 250 feet from the shoreline and is not a shoreline parcel, although it is within the Special Management Area. There are no public access, scenic, or open space resources on the subject site. 4B. Impacts to Surrounding Properties The proposed land use will not adversely affect the surrounding properties. There are few homes proximate to the subject site; the nearest residence is also owned by the applicants, and many of the properties in the area utilize landscaping to screen views from neighboring properties. The applicants will continue to maintain landscaping in keeping with the character of the area. All patrons of the bed and breakfast will park in the designated off-street parking stalls provided on Parcel 007. Based on the maximum number of guests and anticipated frequency of trips, the proposed request will not generate a significant increase in traffic. A search of vacation rental sites indicates that many of the surrounding properties are used for vacation rentals, similar to the proposed bed and breakfast. Thus, the proposed use of the property would be in keeping with the surrounding area. The applicants’ proposed use is quiet and will not cause a nuisance to the surrounding community regarding sound. Good-neighbor policies will be adhered to, including quiet hours from 9:00 p.m. to 8:00 a.m., and the on-site operator will further mitigate any potential adverse impacts from visitor use. Visual impacts will be minimal: the applicants intend to maintain screening landscaping, and as no changes are proposed to the footprint of the existing dwelling, no coastal views will change as a result of the proposed use. 4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. The subject site is already accessible via Kalapana-Kapoho Beach Road, and no additional utilities will need to be provided by public agencies. The Pahoa Police and Fire Stations are located approximately eight miles north of the subject site. The property is not served by the County water or wastewater systems; the applicants will provide bottled water to guests, and the dwelling will continue to utilize an individual wastewater (septic) system that has been upgraded to current Department of Health standards. The parcel is already served by all other utilities. Thus, the proposed use is not expected to impact public agencies, as it will not require any new services. 4D. Unusual Conditions Unusual conditions, trends, and needs have arisen since the district boundaries and regulations were established. The subject property was created through the Kehena Beach Estates Subdivision in 1964. Many of the subdivisions in Puna that were created on agricultural-zoned land (including Kehena Beach Estates) during that time have transitioned to largely residential uses. Although the subject properties and surrounding areas are designated for agricultural use by both State and County land use laws, the size and soil quality of the parcels make them ill- suited for agricultural use, and through the issuance of a Special Permit, various “non-agricultural” services may be allowed. 4E. Land Suitability for Permitted Uses The intent of State Land Use Law and Regulations is to preserve or keep lands of high agricultural potential in agricultural use. In this case, the subject property is not classified by the State or County as important or prime agricultural land; rather, the soils on the property are classified by the Land Study Bureau’s Land Classification System as “Very Poor.” Thus, the proposed use will not adversely affect the preservation and agricultural use of the County’s prime agricultural lands and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet are classified as such, and that certain types of uses might not be strictly agricultural in nature yet reasonable in such districts, the Special Permit process allows certain unusual and reasonable uses within the Agricultural district. The property on which the bed and breakfast is proposed is only 9,000 square feet in size and is situated in the County’s A-1a zoning district. It is currently used for residential purposes and not for agricultural purposes, because its size and soil quality greatly diminish any agricultural potential. The proposed bed and breakfast operation will be subordinate and incidental to the principal use of the dwelling as the residence of the on-site operator and will not diminish the already limited potential for any future agricultural activity on the property. Therefore, the subject request is both an unusual and reasonable use of agricultural land. 4F. Land Character and Present Use The proposed use will not substantially alter or change the essential character of the land. Given that the Special Permit area is not suited for agricultural use, the area is currently used only for residential and transient accommodation purposes. The subject request is to solidify the transient accommodation use of the property by obtaining a Special Permit to operate a bed and breakfast. The project is intended to preserve the essential character of the land by utilizing the existing improvements on site; no new development is being proposed. All supporting infrastructure — including access, parking, water, and electricity — is in place and adequate to serve the proposed use. Thus, the Special Permit request will not substantially alter or change the essential character of the land and will allow the proposed unusual, yet compatible and reasonable, use of the property as a bed and breakfast. 4G. Relationship to General Plan The proposed use will not be contrary to the goals, policies, and standards of the General Plan or the Puna Community Development Plan. As discussed in Section 3C, the proposed use conforms to the General Plan’s economic, environmental, and land use goals and policies. The proposed request clearly meets the goals of the General Plan and will provide the applicants with the ability to permit their overnight accommodations business as a bed and breakfast. 4H. Unusual and Reasonable Use The proposed action is an unusual and reasonable use of the land, which would not be contrary to the objectives sought by the Land Use Law and Regulations — which, for the Agricultural District, seek to preserve or keep land of high agricultural potential in agricultural usage. Lands in the Agricultural District include areas with a high capacity or potential for agricultural uses, but also lands which are surrounded by or contiguous to agricultural lands and which are not suited to agricultural uses by reason of topography, soils, or other related characteristics. This request is unusual in that the proposed action is not agricultural in nature. However, given the property’s size and poor soil quality, it is unsuitable for agricultural use. Approval of this Special Permit request would be reasonable, as it would allow the applicants to solidify the use of the property for transient accommodations as a bed and breakfast. Therefore, the proposed use would not adversely impact the agricultural land inventory in the County of Hawai‘i and would not be contrary to the intent and purpose of the State Land Use Law. Hawai’i County is an Equal Opportunity Provider and Employer BD-10 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 Kona Office (808) 323-4720 • Fax (808) 327-3509 July 31, 2026 TO: Christian Kay - County of Hawaii – Planning Dept. County Of Hawaii Planning Department 101 Pauahi St. Ste. #3 Hilo, HI. 96720 SUBJECT: Special Permit Application (PL-SPP-2026-000140) Applicant: Mark Robert Sidmore & Caleb Micaiah Rhodes Request: To establish a 3-Bedroom Bed & Breakfast Operation Within a 4-Bedroom Dwelling Tax Map Key: (3) 1-2-031:006 & 007 (por.), Puna, Hawaiʻi This is to inform you that our records on file, relative to the status of the subject discloses that: No Building permit was issued for work done on the premises. No building permit was issued for the change of occupancy. At the time of completion, the subject complied with all Building Code regulations that were in effect. Variance from any building regulation (Building, Electrical, Plumbing, or Sign) was/was not granted. The following violations(s) still outstanding: Building Electrical Plumbing Sign Others: Owner shall initiate and complete a revision to the issued permit PW.B2026- 001781. Additional information and a description shall be provided specifying the existing single-family dwelling's new use as a transient lodging house, including the number of guest rooms and the maximum occupancy. • The proposed use shall comply with Section 310.4.2 of the 2018 IBC for a transient lodging house, which requires owner occupancy, five or fewer guest rooms, and no more than 10 occupants. • After the revision is approved, permit PW.B2026-001781 shall be completed with final inspection(s). Should you have any questions regarding matters contained herein, please feel free to contact Joel Fitzgerald at phone no. (808) 961-8488. 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: July 2, 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-2026-000140) Applicant: Mark Robert Sidmore & Caleb Micaiah Rhodes Request: To Establish a 3-Bedroom Bed & Breakfast Operation Within a 4-Bedroom Dwelling TMK: 1-2-031:006 & 007 (por.), Puna, 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 July 2, 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 July 2, 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, Jeffrey W. Darrow July 2, 2026 Page 4 of 4 with lettering no 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. Applicants’ Acknowledgment of Agency Review Comments TO: Jeffrey W. Darrow, Planning Director, County of Hawaiʻi Planning Department Attn: Christian Kay, Planner FROM: Mark Robert Sidmore & Caleb Micaiah Rhodes, Applicants DATE: August 12, 2026 RE: Acknowledgment of Agency Review Comments Special Permit Application No. PL-SPP-2026-000140 We, Mark Robert Sidmore and Caleb Micaiah Rhodes, are the applicants for the above-referenced Special Permit Application. We acknowledge receipt, through the Planning Department, of the agency review comments solicited by the Department’s June 30, 2026 request for comments, and we thank the reviewing agencies for their time. We have reviewed each comment received to date and respond as follows. 1. Office of Planning and Sustainable Development (OPSD) — July 13, 2026. We acknowledge that OPSD has no comment on the application. 2. County of Hawaiʻi Police Department — July 13, 2026. We acknowledge the Department’s determination that it does not anticipate any significant impact to traffic or public safety. 3. State of Hawaiʻi Department of Health (DOH) — July 2, 2026. We acknowledge DOH’s standard land-use comments and will comply with all applicable standard comments for the relevant branches, including the reasonable control of fugitive dust and applicable community-noise limits during any construction, and applicable Clean Air, Clean Water, and Safe Drinking Water requirements. With respect to the Sanitation / Food Safety comments, the resident operator will obtain food-protection certification and will post the required notice — "Made in a home kitchen not routinely inspected by the Department of Health," in lettering not less than one inch in height — at the entrance to the kitchen, consistent with Hawaiʻi Administrative Rules Title 11, Chapter 50, to the extent if food is served to guests. 4. Department of Public Works, Building Division — July 6, 2026, as revised July 31, 2026. We acknowledge the Building Division’s comments (Form BD-10). We will initiate and complete a revision to the previously issued Building Permit No. PW.B2026-001781 to describe the existing single-family dwelling’s new use as a transient lodging house, including the number of guest rooms (three) and the maximum occupancy (ten). The proposed use complies with Section 310.4.2 of the 2018 International Building Code for a transient lodging house — owner occupancy, five or fewer guest rooms, and no more than ten occupants — and we will complete the permit with the required final inspection(s) and remain as R3 occupancy. We understand these acknowledgments do not relieve us of the obligation to obtain all other permits and approvals required for the project. We remain available to provide any additional information the Commission or the Department may require. Mark Robert Sidmore, Applicant Caleb Micaiah Rhodes, Applicant Ron Tyler Bird & Denise L. Bird August 19, 2026 12-7203 Kii Nani Pahoa, HI 96778 To: Director Hawaiʻi County Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaiʻi 96720 and/or Windward Planning Commission c/o Hawaiʻi County Planning Department Re: Strong Vigorous Opposition to Bed-and-Breakfast / Hosted Transient Vacation Rental Permit Application for 12-7208 and 12-7210 Kalapana Kapoho Beach Road, Pahoa, HI 96778 (TMKs associated with the property) Dear Director and Members of the Planning Commission: We are writing as an immediately adjacent property owner to formally and strongly oppose the application to convert or permit the existing short-term rental operation at 12-7208 and 12-7210 Kalapana Kapoho Beach Road as a bed-and-breakfast (hosted Transient Vacation Rental). Our family has already endured significant, ongoing negative impacts from the current transient vacation rental use of this neighboring property. Granting a formal B&B or hosted TVR permit would institutionalize and likely intensify these problems, further eroding the residential character of our neighborhood and our right to the quiet enjoyment of our home as well as a substantial diminishing the value of our estate. 1. Persistent Noise Disturbances The current operation generates frequent and excessive noise from transient guests. Visitors regularly create loud conversations, music, late-night gatherings, and other disruptive activity that carries over our fence onto our property, particularly during evenings and weekends. These disturbances have repeatedly interfered with our ability to sleep, relax, and enjoy our home uninterrupted in peace. A formal B&B approval would legitimize & accelerate continued high guest turnover and associated noise without adequate safeguards. 2. Significant Loss of Privacy One of the hexagonal pod structures on the subject property has a direct line of sight into 2 of our lanais, including the area containing our outdoor bathtub. Guests staying in that unit can and do look directly into this private outdoor living and bathing space. This creates an unacceptable invasion of privacy. We can no longer use our lanai and outdoor bath without the constant awareness that strangers may be observing us. This is a fundamental impairment of our quiet residential use and quality of life. These impacts are not theoretical or occasional; they are ongoing and directly attributable to the transient rental activity on the adjacent parcels. Approving a B&B permit would convert a problematic existing use into a permanently authorized commercial operation, making meaningful mitigation in the future far more difficult. We respectfully request that the Planning Department and Planning Commission deny the bed-and-breakfast / hosted TVR application for this property. In the alternative, if any invasive form of approval is considered, we urge the imposition of strict, enforceable conditions, including but not limited to: • Mandatory permanent visual screening or relocation of any rental unit with direct sightlines into neighboring private outdoor living areas; • Strict, enforceable quiet hours (e.g., 8 p.m. to 8:00 a.m.) with clear noise limits and rapid response requirements; • A requirement that the owner/host live full-time on-site to manage these intrusions and be reachable and able to respond in person within a short time frame to neighbor complaints; • Limits on the number of guest bedrooms and total occupancy that are lower than the current multi-pod configuration; • A clear mechanism for neighbors to report violations that can lead to permit revocation. The purpose of residential and agricultural zoning in this area is to protect & defend the quiet, private use & enjoyment, and residential character of our community. The current and proposed use is incompatible with that purpose and has already caused real harm to neighboring residents. Thank you for your careful consideration of this formal opposition. We request that this letter be entered into the official record of the application and that we be notified of any public hearings, meetings, or decisions related to this matter. We are available to provide additional information or to testify in person or virtually if necessary. Sincerely, Ron Tyler Bird, Esq. & Denise Bird Adjacent Property Owner From: Gary To: Planning WPC Testimony Subject: Testimony-PL-SPP-2026-000140 Date: Friday, August 21, 2026 10:51:59 AM To: The Windward Planning Commission c/o Hawaii County Planning Department Re: Support for special permit application No. PL-SPP-2026-000140 (Sidmore and Rhodes) Aloha Commissioners, Our names are Gary J Joaquin and James A Szabo. We have lived in the community of Kehena Beach Estates at 12- 7230 Namohala St. since 2015. Just a few doors down from Mark Sidmore and Caleb Rhodes, on Kalapana-Kapoho Beach Road. We are writing to support their Bed & Breakfast. We know Mark and Caleb, and we know very well how they run and maintain their place. They live here in the community full-time and they look after their property impeccably, as we wish others would. If something should need attention they are the type of individuals to handle it themselves and in a timely manner. When the property owner is on site, that makes a big difference. In the time we have been their neighbors we have not had any issues with noise or traffic from their home. The guests keep to themselves, they have ample parking available on their property and no cars are parked on the road. They have been nothing but awesome neighbors! A small B&B run by people who actually live here in Kehena Beach Estates, maintain their property and care about their neighbors is a good fit for our road and the community. We hope you will approve their permit. And you are welcome to contact us for further information should you need it. Sincerely, Gary J Joaquin and James A Szabo 12-7230 Namohala St. Pahoa, Hi 96778 808-965-2020 dec893@hotmail.com Sent from my iPhone From: David Erwin To: Planning WPC Testimony Subject: Testimony -Pl- SPP-2026-000140 Date: Friday, August 21, 2026 12:39:40 PM To: Windward Planning Commission Re: PL-SPP-2026-000140 — Sidmore & Rhodes, 12-7208 and 12-7210 Kalapana-Kapoho Beach Road Dear Commissioners, I own property at 12-7200 Kii Nani st in Kehena Beach Estates, and I support this application. My view on it is practical. I pay attention to property values and to what the subdivision feels like to live in, and a hosted B&B of this size does not worry me on either count. It is owner-occupied, it has a small number of guest rooms, and is nicely maintained. That is a light footprint. The people staying there are somebody’s responsibility, because the host is right there. This area has always been a mix of homes and agricultural lots, and people have put up visitors here for years. A permitted B&B that has to follow the rule and can be reviewed by the County is easier to live next to than an informal rental with no oversight at all. Bringing it under a permit gives all of us a clear set of rules to point to. Please put me down in support. Mahalo, David Erwin and Jason Green 12-7200 Kii Nani st Pahoa HI 96778 8/24/26 From: jill mcgregor To: Planning WPC Testimony Subject: Re: PL-SPP-2026-000140 — Sidmore & Rhodes, 12-7208 and 12-7210 Kalapana-Kapoho Beach Road Date: Monday, August 24, 2026 9:55:08 AM Dear Commissioners, I own property at 12-7200 Kalapana Kapoho Beach Rd, in Kehena Beach Estates, (next door to Mark & Caleb) and I support this application. I have lived here full time since 2016. Since Mark & Caleb bought the property next door they have vastly improved it, and in turn the neighborhood has benefited. They are both assets to this community, and our block. Although there has never been any issues with them or their guests, I am certain that if there were any to arise, they would deal with the issue immediately, as this is their home and community also. Mark & Caleb are very approachable and have always proven to be responsible, reasonable and able to handle issues fairly. I understand Mark has an extensive history with owning and managing rental properties in San Francisco and this comes through with respect to this property and the business. With so many of the properties in the Kehena Beach Estates that are vacation rentals, I feel having the owner on site makes all the difference when it comes to noise, parking or other issues. Again, I am in full support of Mark & Caleb, they not only have proven to be good neighbors, but have corrected all of the problems this place presented in the past, from extensive deferred maintenance to the noise and traffic that existed prior to it being a hosted rental. I am very happy they bought the property 4 years ago, and hope to remain their neighbor for a very long time Please feel free to reach out if you have any questions. Sincerely, Jill McGregor 808-965-5488 12-7200 Kalapana Kapoho Beach Rd Pahoa HI 96778 Mark Robert Sidmore & Caleb Micaiah Rhodes 12-7208 Kalapana-Kapoho Beach Road Pāhoa, Hawaiʻi 96778 (808) 214-2078 | August 21, 2026 Windward Planning Commission c/o Hawaiʻi County Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaiʻi 96720 Re: Special Permit Application No. PL-SPP-2026-000140 — Applicants’ Response to the August 19, 2026 Written Testimony of Ron Tyler Bird and Denise L. Bird Dear Chair Daniele and Members of the Commission: We are the applicants, and the property in this application is our home. We live here full time. We have read Mr. and Mrs. Bird’s letter, we respect their right to be heard, and we want to respond to it plainly and respectfully, because we believe the record should reflect a few facts their letter leaves out. First, why we are here at all. No one required us to file this application. We chose to, because if we are going to host guests in our home, we want to do it legally and in the open, with the County’s rules attached to our names and our property. A Special Permit puts our operation on the public record, subjects it to enforceable conditions, and gives every neighbor a real remedy through the Planning Department. That accountability is not something we are trying to avoid. It is the thing we are asking for. What we propose is small by design: three guest bedrooms inside our existing four-bedroom dwelling, one of us home as the resident host, no more than ten guests at any time, and guest parking off the roadway on our own property. Breakfast is the only meal served. This is a hosted bed and breakfast, not an unhosted vacation rental. When the owner sleeps in the house, problems get handled in person, in minutes. On the noise concern: our house rules for guests include quiet evenings, and as full-time residents we want a quiet street at night as much as anyone; we sleep as well. We would welcome an enforceable quiet-hours condition, as with any vacation rental on this island. On the privacy concern, we want to be direct, because the record should be clear about what is and is not changing. Our home is a permitted single-family dwelling. It sits today exactly where it sat, in the same configuration, when Mr. and Mrs. Bird purchased their property in 2023. Nothing in this application moves it, or changes its relationship to any neighboring lot, and we have made no changes on our side of the boundary that altered what can be seen between the two properties. Sightlines between adjacent homes exist in every subdivision, and both households are equally entitled to the ordinary outdoor use and enjoyment of their own property. If more privacy is desired along the shared boundary, planting on either side is available to any owner, as it is between any two neighbors. But we do not believe the continued use of a lawfully permitted residence can fairly be conditioned on screening or relocating structures that were there before our neighbors moved in. We would also note that most of the conditions the Birds propose — an owner living full time on site who responds in person, limits on guest bedrooms and total occupancy, quiet hours, and real consequences for violations — describe what this application already is and how we already live. To that extent, their letter and our application are asking the Commission for the same thing. We ask that this letter be entered into the record, and that the Commission approve Application No. PL-SPP-2026-000140 with the reasonable conditions it finds appropriate. We have been, and intend to remain, good neighbors to everyone on this road. We welcome an offline conversation with the Birds and not across a hearing room. Respectfully submitted, Mark Robert Sidmore and Caleb Micaiah Rhodes, Applicants