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HomeMy WebLinkAboutPD Recommendation (PL-SPP-2026-000146)-1- R_Olds_SPP_2026 COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION MADELINE MILILANI OLDS SPECIAL PERMIT APPLICATION (PL-SPP-2026-000146) Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends this request to establish a one-bedroom bed and breakfast establishment be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This approval recommendation is based on the following findings: The applicant requests approval of a Special Permit to operate a one- bedroom bed and breakfast establishment within an existing detached bedroom of a 3-bedroom single-family dwelling located on an approximately 1.47-acre parcel within the State Land Use Agricultural District. The subject property is located at 15-1480 Beach Road, Hawaiian Paradise Park, Puna, Hawaiʻi, TMK: (3) 1-5- 053:004. The parcel is developed with an existing main dwelling and a detached bedroom structure. According to the applicant, the main dwelling was originally constructed in 1981, and the detached bedroom was permitted and finalized in 2022. The detached bedroom contains approximately 480 square feet of interior living area and a 192-square-foot covered lanai, for a total area of approximately 672 square feet associated with the proposed guest accommodation. The applicant resides full-time in the main dwelling and proposes to use only the detached bedroom, covered lanai, and adjacent concrete parking area in connection with the bed and breakfast operation. The operation would accommodate one guest party at a time, with a stated maximum occupancy of four (4) people. No new structures, expansion of the detached bedroom, grading, or other land disturbance are proposed as part of the request. The proposed bed and breakfast would be owner-operated with no employees. Guest check-in would begin at 3:00 p.m. and check-out would occur -2- by 11:00 a.m., with quiet hours proposed between 10:00 p.m. and 8:00 a.m. Access to the property is provided from Beach Road through an existing gated entrance and an approximately 300-foot-long internal driveway leading to the residence and detached guest unit. Guest parking would be provided entirely on- site on an existing concrete parking pad adjacent to the detached bedroom, and the applicant anticipates no more than one guest vehicle at a time. The proposed use would rely on the property’s existing private well, wastewater system, electrical service, driveway, parking, and other residential site improvements, subject to compliance with applicable County and State requirements. 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. The proposed bed and breakfast would operate entirely within an existing dwelling. No new structures, expansion of the existing development footprint, grading, vegetation clearing, or other land disturbance are proposed. As a result, the proposed use would not remove additional land from potential agricultural use or preclude future agricultural activities on the remainder of the parcel. Based on the limited scale of the proposed use, its location within an existing residence, and the absence of proposed expansion or additional land disturbance, the request may be considered an unusual and reasonable use within the Agricultural District, provided that the operation remains subordinate to the residential and agricultural use of the property and complies with applicable conditions of approval. The requested use represents an atypical use within the Agricultural District; however, the Special Permit process established under Chapter 205, HRS, provides a mechanism for consideration of such uses when they are determined to be reasonable and not contrary to the objectives of the Agricultural District. In addition to the above listed criteria, the Planning Commission shall also consider the following criteria listed under Section 6-3(b)(5) (A) through (G) of its rules of practice and procedure: -3- (A) Such uses shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The subject property is located within the State Land Use Agricultural District and is developed with an existing single-family dwelling and detached bedroom structure. According to the applicant, the property is not presently used for agricultural production, and the developed portions of the parcel consist primarily of residential improvements, lawn, ornamental landscaping, and shade trees. The subject property is classified as Class E, or “Very Poor,” under the Land Study Bureau’s Detailed Land Classification system, indicating significant limitations for agricultural productivity. The proposed bed and breakfast would operate entirely within the existing dwelling. The remainder of the approximately 1.47-acre parcel would continue to be available for residential and agricultural purposes. Therefore, the proposed use is not anticipated to interfere with existing or future agricultural use of the property or surrounding lands and would not be contrary to the objectives sought to be accomplished by Chapter 205, Hawaiʻi Revised Statutes, and the State Land Use Agricultural District. (B) The proposed use would not adversely affect surrounding properties. The subject property is located within Hawaiian Paradise Park, where the surrounding area is characterized primarily by low-density rural-residential development on Agricultural-zoned parcels, with some undeveloped and limited agricultural uses. Given the limited scale of the proposed operation, the continued on-site presence of the applicant, the use of an existing detached bedroom, and the absence of proposed events, amplified activities, off-site parking, or expansion of the development footprint, the proposed bed and breakfast is not anticipated to generate significant noise, traffic, visual, or other impacts on surrounding properties. Accordingly, the proposed operation is of a scale that is generally compatible with the surrounding rural-residential character of the area. (C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. Access is provided from Beach Road through an -4- existing gated entrance and approximately 300-foot-long internal driveway, and all guest parking would occur on the subject property. No roadway, drainage, sewer, waterline, or other public infrastructure extensions are proposed as part of the request. The Department of Water Supply (DWS) confirmed that the subject parcel is located beyond the service limits of the County water system and stated that it has no comments or objections to the applicant’s use of a private on-site well. Wastewater disposal is provided through an existing individual wastewater system (IWS). According to the applicant, the former cesspool was replaced with an IWS in 2022, and the existing system has sufficient capacity to serve the main residence and detached guest unit. No expansion of the wastewater system or connection to a public sewer system is proposed. The proposed operation would be limited to one guest bedroom and one guest party at a time, with no employees and an anticipated maximum of one guest vehicle. Given the limited scale of the operation, use of existing private infrastructure, and absence of proposed public infrastructure improvements, the proposed bed and breakfast is not anticipated to unreasonably burden public agencies responsible for roads, sewer, water, drainage, school improvements, police protection, or fire protection, provided that the applicant complies with all applicable County and State requirements. (D) Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. Since establishment of the Agricultural District and its implementing regulations, there has been increasing demand for small-scale visitor accommodations outside traditional resort areas, including hosted bed and breakfast establishments located within existing residences. The request reflects a type of limited residential visitor accommodation that was not contemplated as a principal agricultural activity when the district regulations were established, but which may be considered through the Special Permit process where the use is determined to be unusual and reasonable and compatible with the surrounding area. -5- (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The subject property is located within the State Land Use Agricultural District and is presently developed with an existing single-family dwelling and detached bedroom structure. According to the County’s agricultural land classifications, the parcel is unclassified under the Agricultural Lands of Importance to the State of Hawaiʻi (ALISH) system and is rated Class E, or “Very Poor,” under the Land Study Bureau’s Detailed Land Classification system. The applicant does not identify any active agricultural activities occurring on the property. Although the property remains available for agricultural uses that may be appropriate to its physical limitations, the Class E productivity rating indicates relatively poor agricultural capability. The proposed bed and breakfast would operate entirely within an existing detached bedroom structure and would not require additional land to be converted from agricultural use, nor would it prevent future agricultural activity on the remainder of the approximately 1.47-acre parcel. Accordingly, while the property is not wholly incapable of agricultural use, its limited agricultural productivity supports consideration of the proposed one- bedroom hosted bed and breakfast as an unusual and reasonable secondary use through the Special Permit process. (F) The use will not substantially alter or change the essential character of the land and the present use. The subject property is presently developed and used primarily for residential purposes, with an existing single- family dwelling, detached bedroom structure, driveway, parking area, private well, wastewater system, and residential landscaping. The applicant resides full-time in the main dwelling, and the proposed bed and breakfast would be limited to the existing detached bedroom structure. No new structures, grading, expansion of the existing development footprint, or other physical alteration of the property is proposed. The proposed operation would be limited to one guest bedroom and one guest party at a time, typically two adults, with a stated maximum occupancy of -6- two adults and two small children. Guest access and parking would remain entirely on-site, and the applicant would continue to occupy and manage the property as her principal residence. Because the proposed use would be conducted within an existing residential structure and would not materially alter the physical development pattern, intensity, or residential character of the property, the request is not anticipated to substantially alter or change the essential character of the land or its present use. (G) The request will not be contrary to the General Plan and Puna Community Development Plan (PCDP) and Zoning Code. The subject application was originally filed and accepted under the 2005 Hawaiʻi County General Plan. Accordingly, the request is being evaluated for consistency with the 2005 General Plan. However, because General Plan 2045 has since been adopted, the Planning Department has also reviewed the proposal in relation to the County’s current long-range land use policies. Under the 2005 General Plan Land Use Pattern Allocation Guide (LUPAG), the subject property is designated Rural (RUR). The Rural designation generally includes areas of low-density residential and agricultural development located outside established urban areas and is intended to preserve the rural character of these areas while allowing compatible residential and agricultural uses. The subject property is zoned Agricultural 1-acre (A-1a), is developed with an existing single-family dwelling and detached bedroom structure and is not presently used for agricultural production. The proposed bed and breakfast would operate within the existing detached bedroom structure and would not require additional structures, expansion of the development footprint, or conversion of additional land from potential agricultural use. General Plan 2045 subsequently designated the property Rural (RU). Under General Plan 2045, Rural-designated lands are situated outside Urban Growth Areas and are intended to retain their rural character through low-density residential development, supporting small-scale commercial development, and agricultural land uses. The 2045 Plan further states that Rural areas generally -7- should not be targeted for major public infrastructure or extensions of public sewer service. The proposed use is also generally consistent with the direction of General Plan 2045 for Rural areas. Objective 14 seeks to maximize the use of Rural- designated lands to preserve rural character and lifestyle, while Policy 14.5 supports small-scale visitor accommodations with heritage, agriculture, wellness, or similar themes in rural areas. Policy 14.6 further recognizes the need for flexibility in discretionary permits for small-scale rural visitor accommodations that are not served by public infrastructure. The proposed three-bedroom, owner- hosted bed and breakfast would operate within an existing residence, accommodate a maximum of six guests, and would rely on private rather than expanded public infrastructure. The subject property is also located within the planning area of the Puna Community Development Plan. The proposed use would utilize an existing dwelling and would not substantially alter the existing rural residential and agricultural development pattern of the property or surrounding area. Finally, the proposed bed and breakfast is subject to the applicable provisions of Chapter 25, Hawaiʻi County Code, governing bed and breakfast establishments. Because the property lies within the State Land Use Agricultural District, the use requires approval of this Special Permit and compliance with applicable operational requirements and conditions of approval. Based on the foregoing, the proposed request is not anticipated to be contrary to the 2005 Hawaiʻi County General Plan, is generally consistent with the direction of General Plan 2045 and is not contrary to the Puna Community Development Plan or Chapter 25 of the Hawaiʻi County Code. The request is not contrary to Chapter 205A, Hawai‘i Revised Statues, relating to Coastal Zone Management. The subject property is located outside of the County’s Special Management Area and is approximately 2,500 feet inland from the coastline. Because the proposed use would occur within an existing developed residential site located inland of the shoreline, the request is not -8- anticipated to adversely affect coastal recreational resources, scenic or open- space resources, coastal ecosystems, or public shoreline access. Accordingly, the proposed request is not contrary to the objectives and policies of Chapter 205A, Hawaiʻi Revised Statutes. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaiʻi State Supreme Court’s “PASH” and “Ka Paʻakai O KaʻAina” decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: No formal archaeological reconnaissance survey, cultural impact assessment, oral history study, ethnographic study, or other site-specific cultural study was submitted with the application. According to the applicant, the portion of the property associated with the proposed bed and breakfast has been previously cleared, graded, and continuously used for residential purposes for several decades, and no known archaeological sites, historic features, traditional gathering areas, or other cultural resources have been identified within the developed portion of the subject property. The proposed bed and breakfast would operate within an existing detached bedroom structure. No new construction, grading, excavation, vegetation clearing, or other ground-disturbing activity is proposed as part of the request. The valued cultural, historical, and natural resources found in the special permit area: Based on the information submitted by the applicant, no valued cultural, historical, archaeological, or natural resources associated with traditional and customary Native Hawaiian practices have been identified within the Special Permit area. The applicant identifies the historic Puna Trail, Hāʻena Beach (also referred to as Shipman Beach), and Paki Point as cultural and recreational resources located in the broader area near the makai end of Beach Road. According to the applicant, access to these areas occurs separately from the -9- subject property, and no public trail, shoreline access route, mountain access route, or traditional gathering area crosses the subject parcel. Possible adverse effect or impairment of valued resources: The proposed bed and breakfast would be conducted within an existing detached bedroom structure and would not involve expansion of the existing development footprint or new ground-disturbing activity. The operation would be limited to no more than 4 people at a time and would utilize existing access, parking, and residential infrastructure. Based on the information presently available, there is no evidence that the proposed use would restrict access to nearby traditional gathering, fishing, or shoreline areas (such as the historic Puna trail, or Hāʻena Beach); interfere with customary practices; or adversely affect identified cultural, historical, or natural resources. Therefore, the proposed use is not anticipated to result in a significant adverse effect or impairment of traditional and customary Native Hawaiian rights. Feasible actions to protect native Hawaiian rights: Because no specific traditional or customary practices or valued resources have been identified within the subject property, no project-specific mitigation measures are warranted at this time. However, as a precautionary measure, a condition of approval should require that work cease and the appropriate agencies be contacted if archaeological resources, human remains, burial sites, or other historic properties are inadvertently discovered during any future ground-disturbing activity. Any exercise of constitutionally protected traditional and customary Native Hawaiian rights shall not be impaired by the operation of the proposed bed and breakfast. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Building Code and Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is -10- a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above considerations, the proposed three-bedroom bed and breakfast establishment is an unusual and reasonable use of land which would support the objectives sought to be accomplished by the Land Use Law and Regulations. Approval of this request is subject to the following conditions: 1. The applicant, its successors, or assigns (“Applicant”) shall be responsible for complying with all stated conditions of approval. 2. The operation of the one-bedroom bed and breakfast shall be conducted in a manner that is substantially representative of plans and details contained within the Special Permit application dated May 19, 2026, and representations made to the Windward Planning Commission. Any expansion of the dwelling or uses beyond what is represented in these documents shall require an amendment to this permit. 3. The bed and breakfast operation shall be limited to the use of one (1) bedroom for rent and no more than four (4) guests at one time. 4. A minimum of two (2) parking stalls shall be provided on-site for guest and host parking for the bed and breakfast establishment. 5. At no time shall the permitted use on the subject property include events, weddings, retreats, group activities, commercial gatherings or amplified music. 6. Emergency and hazard information, including but not limited to, notification of the monthly Civil Defense siren tests, evacuation routes, and contact information of the Civil Defense Agency, Police and Fire Departments shall be prominently displayed within the building(s) being used for the bed and breakfast operation. 7. The Applicant shall comply with all requirements of Section 25-4-7 of the Zoning Code, Hawaiʻi County Code Chapter 25, as amended, relating to bed and breakfast establishments. -11- 8. The Applicant shall comply with food service operations notification and permit requirements in the State Department of Health’s Administrative Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to bed and breakfast operations. 9. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the 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) at (808) 933-7651. Subsequent work shall proceed upon archaeological clearance from SHPD when it finds that sufficient mitigation measures have been taken. 10. 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 upon the subject property. 11. 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.