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HomeMy WebLinkAboutPD Recommendation (PL-SPP-2026-000139) R.WahlenSPP.ja.8.25.26 COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION SANDRA WAHLEN SPECIAL PERMIT APPLICATION NO. PL-SPP-2026-000139 Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends that the request to establish a 2-bedroom bed & breakfast operation within a proposed 3-bedroom dwelling, including a detached bedroom, on a 19,187-square foot property 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 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 propose to establish a 2-bedroom bed and breakfast operation within a proposed 3-bedroom dwelling, including a detached bedroom, on a 19,187-square foot property. The proposed 3-bedroom dwelling will consist of a main 2-story structure with a kitchen, 2 bedrooms, 2 bathrooms, a covered lanai, and one detached bedroom consisting of a bedroom and bathroom with no individual kitchen. The on-site operator of the bed and breakfast will occupy the first floor bedroom of the main structure. The second floor bedroom of the main structure and the detached bedroom will be rented to guests, with a total maximum occupancy of 4 guests. The applicant states there will be no events, parties or amplified outdoor activities, guest parking will be provided on-site and quiet hours will be enforced. Additionally, 50-70% of the parcel will be available for agricultural uses, including food-producing gardens, raised beds and multi-story plantings. The application states that the project is intended to provide long-term housing for the owner/operator living on site. Additionally, the bed and breakfast operation will help to support the applicant and her husband in their retirement years. 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 2 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 State Land Use Agricultural District and would not be contrary to the effectiveness and objectives of Chapter 205, Hawai‘i Revised Statutes, as amended. The proposed bed and breakfast is unusual in that transient accommodations are not an agricultural use ordinarily permitted within the Agricultural District. However, the proposed use is reasonable given its limited scale, its location within a proposed residence on a small agricultural-zoned lot within an established rural-residential subdivision, resident operation of the use, and the continued availability of a substantial portion of the property for small-scale agricultural activity. The operation would be limited to two guest bedrooms and four guests and would be subject to conditions intended to maintain compatibility with surrounding properties. Under these circumstances, the proposed use constitutes an unusual and reasonable use of the subject property. 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. 3 The subject property is classified by the Land Study Bureau’s rating system as class “E” or “Very Poor” soil for agricultural productivity and is undesignated on the ALISH map. The proposed bed and breakfast will be located on a portion of the property and will not significantly diminish the agricultural potential of the remaining land. Based on the preceding, the proposed use will not adversely affect the preservation and agricultural use of the County’s agricultural lands of high agricultural potential and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. (B) The desired use would not adversely affect surrounding properties. Surrounding properties contain residences or remain vacant, with the closest existing dwelling located approximately 60 feet from the proposed B&B. The proposed bed and breakfast would be limited to two guest bedrooms and a maximum of four guests and would be managed by an on-site resident. The applicant has also stated that resident and guest parking will be accommodated on site, quiet hours will be enforced, and no events, parties, or amplified outdoor activities will occur. Conditions of approval will limit the scale and operation of the use consistent with these representations. Given the limited number of guests, resident management, availability of on-site parking, and operational restrictions, the proposed use is not anticipated to 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 proposed bed and breakfast is limited to two guest bedrooms and four guests. Access will be provided from Oliana Drive, and both resident and guest parking will be accommodated on the property. Given the limited scale of the operation, substantial additional traffic demand is not anticipated. The property is not served by the County water or sewer systems. Water will be supplied through an on-site rainwater catchment system, with potable 4 drinking water for guests provided through bottled water and/or water dispensers. Wastewater will be handled by an individual wastewater system subject to applicable State Department of Health requirements. The applicant will be required to obtain all applicable approvals prior to commencement of the bed and breakfast use. The Department of Public Works - Building Division notes that building permits will be required for the proposed dwelling and accessory structure(s) and that the plans may be subject to modification through the building permit review process. Any final development associated with the Special Permit will therefore be required to comply with applicable building and other governmental requirements. Based on the limited scale of the proposed operation and the use of existing and on-site infrastructure, the proposed use is not anticipated to unreasonably burden public agencies or public facilities. Although the application included construction plans showing a bar sink in the detached bedroom and coffee makers and bar sinks in both guest bedrooms, the applicant was notified that these provisions are not compliant with Planning Department policy and that the final building plans shall not include them. A condition of approval will be included to address the preceding. Finally, DOH – Sanitation comments note that Food Safety Code specifies that a bed and breakfast establishment is allowed to serve food 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) and signage 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." A condition of approval will be included to address the preceding. 5 (D) Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. In the 1960s and 1970s, 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. Since then, the Puna Beach Palisades subdivision has become more residential in nature; however, the property and surrounding areas are designated for agricultural uses by both State and County land use laws. Through the issuance of a Special Permit, various non-agricultural services may be allowed. The request is in line with the intent for allowing the issuance of a Special Permit. Based on the above discussion, the applicant has met this criterion. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The subject property consists of approximately 19,187 square feet and is classified as “E” or “Very Poor” for agricultural productivity by the Land Study Bureau and is undesignated under the Agricultural Lands of Importance to the State of Hawai‘i (ALISH) system. The property is also characterized predominantly by ʻaʻā lava with limited soil development. While these characteristics do not preclude small-scale agricultural activities, they limit the property's suitability for intensive or commercially significant agricultural production. The applicant proposes to retain approximately 70% of the property for food-producing gardens, other plantings, and open space. Therefore, the proposed limited bed and breakfast use would not substantially reduce the property's remaining potential for small-scale agricultural use. 6 (F) The use will not substantially alter or change the essential character of the land and the present use. The subject property is currently vacant and undeveloped; however, the proposed dwelling and associated residential improvements are separate from the requested Special Permit use. The relevant consideration is whether allowing two bedrooms within the proposed residential development to be used for a bed and breakfast would substantially alter the character of the property or surrounding area. The proposed bed and breakfast would be limited to two guest bedrooms and a maximum of four guests and would be operated by an on-site resident. Surrounding properties are developed primarily with residences or remain vacant. With the proposed limitations on the scale and operation of the bed and breakfast, including on-site parking and restrictions on events, parties, and amplified outdoor activities, the use is not expected to substantially alter the rural-residential and agricultural character of the property or surrounding area. (G) The request will not be contrary to the General Plan, Community Development Plan (CDP) and Zoning Code. The subject property is designated Rural by the 2045 General Plan Land Use Map. According to the General Plan, the Rural designation includes lands situated outside of UGAs. 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. The proposed bed and breakfast would be conducted as a limited accessory use associated with the proposed residence. The operation would be limited to two guest bedrooms and four guests, would be operated by an on-site resident host, and would not preclude continued small-scale agricultural use of the remainder of the property. 7 The proposed request is also generally compatible with General Plan policies supporting economic opportunities and visitor-related activities that are consistent with the County's social, physical, and environmental objectives, including the following: • 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 encourages economic opportunities that are compatible with Puna's rural character and recognizes opportunities associated with locally based agriculture and visitor-related activities. Based on the preceding, the proposed use will not be contrary to the General Plan, CDP nor the Zoning Code. The request is not contrary to Chapter 205A, Hawai‘i Revised Statutes, relating to Coastal Zone Management. The property is located approximately 0.2 miles away from the nearest shoreline and will not be impacted by coastal hazards or affect beach erosion, coastal ecosystems, and marine resources. Additionally, it is not located in the Special Management Area and there is no record of a designated public access to the shoreline or mountain areas that traverses the property. Based on the preceding, the proposed use is not contrary to the objectives of Chapter 205A, Hawai‘i Revised Statutes relating to Coastal Zone Management. 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 8 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: According to the applicant, while the ‘Io (Hawaiian Hawk) can occasionally be observed flying in the area, there are no known endangered species or critical habitat in the permit area. Additionally, there are no known traditional or customary Native Hawaiian cultural practices, gathering areas or access rights located on the property, which is undeveloped. Existing vegetation includes young ironwood trees, grasses, ferns and low shrubs. No archaeological studies were conducted for the permit area. A request for review was sent to the Department of Land and Natural Resources, State Historic Preservation Division (SHPD); however, no response has been received at the time of this writing. Based on the information available to the Department to date, no archaeological, cultural, or historic resources have been identified on the subject property. Possible adverse effect or impairment of valued resources: The applicant proposes to develop approximately 30% of the 19,187-square-foot property, with approximately 70% remaining available for food-producing gardens, other plantings, and open space. Based on the limited scale of the proposed bed and breakfast and the predominantly residential development pattern of comparable nearby parcels, significant adverse effects to identified valued resources are not anticipated based on the information available to the Department. Feasible actions to protect native Hawaiian rights: Based on the information available to the Department to date, no traditional or customary Native Hawaiian practices or access rights have been identified on the subject property. The 9 applicant states that the project will not restrict access to cultural sites or interfere with traditional practices. Should historic or cultural resources be inadvertently discovered during construction, a condition of approval 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 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 Americans 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 2-bedroom bed & breakfast operation within a proposed 3-bedroom dwelling, including a detached bedroom, on a 5,650-square-foot portion of a 19,187-square foot property 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 dated May 19,2026, and received by the 10 Planning Department on June 9, 2026, including the applicant narrative dated May 22, 2026, and additional information received on August 31, 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. The bed and breakfast operation shall be limited to the use of two (2) bedrooms for rent. 5. Bar sinks or individual kitchens are not permitted in any bedrooms. 6. At no time shall the permitted use on the subject property include events, parties, or amplified outdoor activities. The bed and breakfast shall be managed by an on-site resident operator, quiet hours shall be enforced, and resident and guest parking shall be accommodated on site. 7. The Applicant shall comply with all applicable State Department of Health requirements under Hawai‘i Administrative Rules, Title 11, Chapter 50, Food Safety Code, relating to food service at bed and breakfast establishments, including applicable food-protection certification, operational limitations, signage, and inspection requirements. 8. 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 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. 11 9. 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. 10. 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.