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-
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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.
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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.
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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.
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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
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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.
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(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
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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
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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
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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.
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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.
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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.