Loading...
HomeMy WebLinkAboutPD Recommendation (PL-SPP-2026-000140)RSidmoreRhodes.crk.7.27.26 COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION MARK ROBERT SIDMORE AND CALEB MICAIAH RHODES SPECIAL PERMIT APPLICATION NO. PL-SPP-2026-000140 Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends that the request to establish a hosted three- bedroom bed and breakfast within a four-bedroom single-family dwelling on approximately 11,400 square feet of land within the State Land Use Agricultural District 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 position based upon additional information presented at the public hearing. The approval recommendation is based on the following findings: 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 proposal would authorize 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. 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. Although the application describes the existing dwelling as containing four bedrooms, County building permit records indicate that the dwelling was originally permitted with only two bedrooms. Building Permit No. PW.B2026- 2 001781 has been initiated to authorize the change of use of two existing rooms to bedrooms, which would establish the four-bedroom configuration necessary for the proposed three-bedroom bed and breakfast with one bedroom reserved for the resident operator. Final approval of this building permit is required prior to commencement of the bed and breakfast use. According to the application materials, the applicants have previously operated the dwelling 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 the Hawaiʻi County Code. Approval would allow continued operation of a small-scale visitor accommodation while maintaining an on-site resident operator and utilizing existing improvements without exterior expansion or substantial site modification. The grounds for approving a Special Permit are based on Rule 6-7 in the Planning Commission Rules. It states that the Planning Commission shall not approve a Special Permit unless it is found that the proposed use (a) is an unusual and reasonable use of land situated within the Agricultural or Rural District, whichever the case may be; and (b) the proposed use would promote the effectiveness and objectives of Chapter 205, Hawai‘i Revised Statutes, as amended. The 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. While a bed and breakfast operation is not an agricultural use, the Legislature has recognized through the Special Permit process that certain unusual and reasonable uses may be appropriate within the Agricultural District. The proposed operation will be conducted within an existing residence, will maintain a full-time resident operator on-site, and will not expand the existing dwelling or convert additional land to intensive non-agricultural use. 3 Consequently, the request represents a limited and compatible use that will not materially diminish the agricultural potential of the subject properties or surrounding area. 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 State Land Use Law and Regulations are intended to preserve, protect, and encourage the development of lands for those uses to which they are best suited in the interest of the public welfare of the people of the State of Hawai‘i. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The subject properties are classified by the Land Study Bureau as Class “E” or “Very Poor” for agricultural productivity and are undesignated under the Agricultural Lands of Importance to the State of Hawaiʻi mapping system. The parcels are relatively small and have already been developed with residential improvements, thus the proposed use will not materially affect the limited agricultural capability of the permit area or adversely affect productive agricultural lands. The proposed bed and breakfast will operate within an existing residence and use only a small portion of the adjoining parcel for guest parking and pedestrian access. Approval will not substantially reduce the agricultural capability of the properties or adversely affect agricultural lands of higher productivity. Accordingly, the request is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. (B) The desired use would not adversely affect surrounding properties. The subject properties are located within the established Kehena Beach Estates subdivision, where surrounding properties are similarly zoned Agricultural-1 Acre (A-1a) and developed primarily with single-family residences. 4 The proposal utilizes an existing dwelling without expansion and limits the operation to three guest bedrooms and a maximum of ten occupants. A resident operator will occupy the dwelling whenever guests are present, breakfast service will be limited to registered guests, and no weddings, commercial events, retreats, group activities, or similar gatherings are proposed. Guest parking will be provided within five off-street parking stalls on the adjoining parcel, minimizing the potential for on-street parking. A condition of approval will require all parking to occur on-site and prohibited within the public roadway. Quiet hours and other operational controls will further reduce potential noise and neighborhood impacts. Because the proposal involves the adaptive reuse of an existing residence with limitations intended to preserve neighborhood compatibility, the request will not adversely affect 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 dwelling on Parcel 006 obtains access from Kalapana-Kapoho Beach Road, while the proposed five-stall guest parking area on Parcel 007 is accessed from Laʻau Loke Street. A pedestrian walkway will connect the parking area to the bed and breakfast. Given the limited scale of the operation, only a minor increase in daily vehicle trips is anticipated. The Hawaiʻi Police Department indicated that it had no comments or concerns regarding the proposal. Bottled drinking water will be provided for guests, while non-potable and fire suppression water will be supplied by the existing private rainwater catchment system. Wastewater will continue to be managed by the existing individual wastewater disposal system. The State Department of Health advised that the applicants are responsible for complying with all applicable standard comments and obtaining all necessary approvals relating to food service, potable water, and wastewater disposal. The preceding will be added as conditions of approval. 5 The Department of Public Works - Building Division (DPW-Building), advised that the applicants must acquire and complete Building Permit No. PW.B2026-001781 to permit two additional existing rooms as bedrooms, in addition to permitting the proposed lodging house under Building Code. A condition of approval will require the applicant to secure and finalize all necessary building permits. The Fire Department’s requirements relating to access, fire suppression water supply, and other life-safety measures will be addressed through a recommended condition of approval. Because bed and breakfast guests may be unfamiliar with local emergency procedures and warning systems, a condition of approval will require emergency and hazard information, including monthly Civil Defense siren tests, evacuation routes, and emergency contact information, to be prominently displayed within the bed and breakfast. Based on the preceding, the request will not unreasonably burden public agencies. (D) Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. In the 1960’s and 1970’s, the State’s agricultural district boundaries and regulations were established and subsequently amended pursuant to HRS Chapter 205. The State Land Use Commission was created in 1961, and interim regulations and temporary district boundaries became effective in 1962. Subsequently, the regulations and Land Use District Boundaries became effective in August of 1964. The State Land Use Agricultural District boundaries applicable to the subject properties were established when much of the surrounding area remained undeveloped. Since that time, Kehena Beach Estates has developed as an established rural residential subdivision consisting predominantly of single- family residences on relatively small lots. Although the State Land Use District 6 and County zoning remain Agricultural, the neighborhood functions primarily as a rural residential community and includes transient accommodations. Chapter 205, Hawaiʻi Revised Statutes, authorizes consideration of unusual and reasonable uses within the Agricultural District through the Special Permit process. The proposed hosted bed and breakfast represent a low- intensity use within an existing residence that is compatible with the established residential character of the subdivision and does not require expansion of existing development. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. Soils within the permit area site are classified as “E” or “Very Poor” for agricultural productivity by the Land Study Bureau (LSB) and are classified as “undesignated” under the Agricultural Lands of Importance to the State of Hawai‘i (ALISH) map. Based on the permit area’s small size, existing residential development, and soil characteristics, the permit area has limited suitability for the range of agricultural uses intended to be protected within the State Land Use Agricultural District. (F) The use will not substantially alter or change the essential character of the land and the present use. The existing character of the permit area is residential. The request would authorize use of the existing dwelling as a hosted bed and breakfast while maintaining the residence as an occupied home. No structural expansion, additional guest units, grading, or other significant site improvements are proposed. The operation will remain limited to three guest bedrooms, a maximum of ten overnight guests, and five off-street parking stalls. Weddings, receptions, parties, retreats, commercial events, banquets, conferences, and amplified outdoor music will be prohibited. These limitations, together with the requirement for an on-site resident operator, will preserve the residential character of the subject properties and surrounding neighborhood. Accordingly, the proposal will not substantially alter the essential character of the land or its present use. 7 (G) The request will not be contrary to General Plan 2045, the Puna Community Development Plan (PCDP) and Zoning Code. The General Plan designates the subject properties as Rural. The Rural designation applies to areas outside Urban Growth Areas that should retain their rural character through low-density residential development, supporting small-scale commercial development, and agricultural land uses. Rural areas are not intended to receive major public infrastructure or extensions of public sewer service except where warranted by documented health, safety, or welfare conditions. The request is directly supported by the following General Plan 2045 Land Use objective and policies:  Maximize the use of Rural designated lands to preserve rural character and lifestyle.  Support the development of small-scale visitor accommodations with heritage, agriculture, wellness, or similar themes in rural areas and near points of interest.  Provide flexibility in discretionary permit applications to maintain health and safety for rural small-scale visitor accommodations not serviced by public infrastructure. The Puna Community Development Plan (PCDP) further guides land use decisions in the district. The proposed use is consistent with the following PCDP goals, policies, and actions:  Areas of scenic and cultural interest are accessible to the public in a manner that does not detract from their aesthetic, natural and cultural value.  Tourism in Puna is compatible with historic and natural resources and not intrusive into the area’s communities.  The quality of life improves, and economic opportunities expand for Puna’s residents. Finally, the request is consistent with the County Zoning Code because a bed and breakfast may be authorized within the Agricultural District through 8 approval of a Special Permit, subject to compliance with applicable bed and breakfast standards and conditions. Based upon the foregoing, the request is not contrary to the General Plan, the Puna Community Development Plan, or the Zoning Code. The request is not contrary to Chapter 205A, Hawai‘i Revised Statutes, relating to Coastal Zone Management. The subject properties are located within the County’s Special Management Area but are not shoreline parcels. The proposal consists of the adaptive reuse of an existing single-family dwelling as a hosted bed and breakfast together with use of an existing parking and pedestrian access area on the adjoining parcel. No new buildings, additions, grading, or other land-disturbing activities are proposed. Because the request is not on a shoreline parcel and no new construction or development is proposed, an SMA assessment or SMA permit is not necessary. The proposal will not adversely affect shoreline access, beaches, coastal ecosystems, scenic resources, or public recreational resources and is not contrary to the objectives and policies of Chapter 205A, Hawaiʻi Revised Statutes. The request will not have a significant adverse impact on 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 reconnaissance survey, oral history of kamaʻāina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valued cultural, historical, and natural resources found in the special permit area: The permit area consists of portions of two previously developed residential properties within Kehena Beach Estates. No archaeological inventory survey or cultural resource study was prepared for the permit area, and no 9 known archaeological, historic, or cultural resources have been identified on the subject properties. The properties have been developed for residential purposes, no ground-disturbing activities are proposed, and there is no known public access route to the shoreline or upland areas traversing the permit area. Based upon the application materials, agency comments, and Department records, staff is unaware of traditional and customary Native Hawaiian practices presently exercised within the permit area. Possible adverse effect or impairment of valued resources: The Special Permit would authorize a bed and breakfast operation within an existing dwelling together with accessory guest parking and pedestrian access on an adjoining parcel. No expansion of the dwelling, grading, excavation, or construction of additional structures is proposed. Because the request consists of the continued use of existing developed areas, it is unlikely to adversely affect archaeological, historic, cultural, or natural resources or interfere with the exercise of traditional and customary Native Hawaiian rights. Feasible actions to protect native Hawaiian rights: According to the Department’s records, it is not known whether the subject site or immediate area was ever used for traditional and customary rights by native Hawaiians. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action should not affect traditional Hawaiian rights. However, the applicants note the project will not restrict access to cultural sites or interfere with traditional practices and that if cultural resources are discovered, appropriate notification and protection measures will be implemented. Should historic or cultural resources be inadvertently discovered These operational limitations will ensure that the bed and breakfast remains subordinate and incidental to the principal residential use, a condition of the permit will require the Applicant to cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division to determine and implement appropriate mitigation measures. Lastly, this approval is made with the understanding that the applicant 10 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 preceding considerations, approval of the request to establish a hosted three-bedroom bed and breakfast within a four-bedroom single-family dwelling on approximately 11,400 square feet of land within the State Land Use Agricultural District 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(s), its successor(s), or assign(s) (“Applicant”) shall be responsible for complying with all stated conditions of approval. 2. The operation of the proposed use shall be conducted in a manner that is substantially representative of plans and details as contained within the Special Permit Application accepted by the Planning Department on June 26, 2026, and representations made to the Windward Planning Commission. Any expansion of uses beyond what is represented in these documents shall require an amendment to this permit. 3. The Applicant shall comply with all requirements of Section 25-4-7 of the County of Hawaiʻi Zoning Code, as amended, relating to bed and breakfast establishments. 4. A resident operator shall reside within the dwelling and shall be present on the premises whenever guests are accommodated. 11 5. Prior to commencement of the approved use, the Applicant shall secure and finalize all building permits required by the Department of Public Works, Building Division, for the proposed bed and breakfast operation, which may include a change of use or occupancy permit. 6. Until the Applicant obtains final approval from the Department of Public Works, Building Division, to convert the two additional rooms to bedrooms and provides written evidence of such approval to the Planning Department, the bed and breakfast operation shall be limited to one guest bedroom. Upon satisfaction of these requirements, a maximum of three guest bedrooms may be offered for rent. At no time shall the bed and breakfast exceed ten occupants. 7. A minimum of five off-street parking stalls shall be maintained within the approved parking area on TMK: (3) 1-2-031:007 for the duration of the approved use. Guest parking shall not occur within the public roadway. 8. At no time shall the permitted use on the subject property include events, weddings, receptions, parties, retreats, commercial events, banquets, conferences, and amplified outdoor music. 9. The Applicant shall comply with all applicable State Department of Health requirements relating to food service, potable water, wastewater disposal, sanitation, and other matters under the Department’s jurisdiction. 10. The Applicant shall comply with all applicable Fire Code requirements, including requirements relating to fire protection, emergency access, and fire suppression water supply, as determined by the Hawaiʻi Fire Department. 11. Emergency and hazard information, including, but not limited to, notification of the monthly Civil Defense siren tests, evacuation routes, and contact information for the Civil Defense Agency, Police Department, and Fire Department, shall be prominently displayed within the building(s) used for the bed and breakfast operation. 12 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 ground-disturbing, demolition, or construction activity, the Applicant 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). Subsequent work shall proceed upon archaeological clearance from SHPD when it finds that sufficient mitigation measures have been taken. 13. The Applicant shall comply with all applicable County, State, and Federal laws, rules, regulations, and requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. 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.