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HomeMy WebLinkAboutPD Background Report (PL-SPP-2026-000135)-1- B_Early_SPP_2026 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT NANI AND JOSEPH EARLY SPECIAL PERMIT APPLICATION (PL-SPP-2026-000135) NANI AND JOSEPH EARLY have submitted an application for a Special Permit to establish a three-bedroom bed and breakfast operation within an existing single-family dwelling on a 1.00-acre parcel within the State Land Use Agricultural District. The subject parcel is located at 17-4817 Huina Road, approximately ½ mile from North Kūlani Road, Maunalani Lots, Puna, Hawaiʻi, TMK: (3) 1-7-025:019. APPLICANTS’ REQUEST 1. Request: The applicants are requesting a Special Permit to establish a three- bedroom bed and breakfast establishment within the first floor of an existing two- story five-bedroom single-family dwelling located on the subject property. The applicants reside on the second floor of the dwelling and will remain on-site during operation of the bed and breakfast. The proposed bed and breakfast will accommodate a maximum of six (6) guests, with no more than two (2) guests per bedroom. No new structures or expansion of the existing dwelling are proposed. 2. Staffing/Employees: The bed and breakfast establishment will be operated by the applicants. 3. Parking: The applicants propose to provide on-site parking for the bed and breakfast and the dwelling. The submitted plans identify guest parking and separate homeowner parking areas located on the subject property. The applicants state that all parking associated with the proposed bed and breakfast will occur entirely within the subject property. 4. Hours of Operation: The applicants propose operating hours from 8:00 a.m. to 10:00 p.m., with guest check-in beginning at 3:00 p.m. and check-out by 11:00 a.m. Quiet hours are proposed between 10:00 p.m. and 8:00 a.m. 5. Reason for Request: According to the applicants, the proposed bed and breakfast is intended to provide small-scale visitor accommodation in conjunction with the existing residential and agricultural uses of the property. The applicants -2- characterize the proposal as an agritourism-related use associated with existing cattle raising, vegetable cultivation, and other agricultural activities occurring on the property. 6. Definition of “Bed and Breakfast Establishment”: According to Section 25-1-5 of the Zoning Code, a “bed and breakfast establishment” means any single-family dwellings and/or guest houses (pursuant to section 25-4-9), which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. 7. Landowners: Nani and Joseph Early. 8. Supportive Information: A Special Permit is required to operate a bed and breakfast establishment in the State Land Use Agricultural District. The applicant has submitted the attached in support of the request. (Planning Department Exhibit 1 – Special Permit Application dated May 21, 2026) STATE & COUNTY PLANS 9. State Land Use District: Agricultural. 10. General Plan Land Use Pattern Allocation (LUPAG) Map: The 2005 General Plan LUPAG map and the General Plan 2045 Land Use Map both classify the subject property as Rural (RUR). 11. County Zoning: Residential Agricultural – 0.5 acre (RA-.5a) 12. Puna Community Development Plan (PCDP): The Puna Community Development Plan was adopted by the Hawaiʻi County Council by Ordinance No. 08-116 on August 27, 2008. 13. Special Management Area (SMA): The property is not within the County’s Special Management Area. 14. Coastal Zone Management: The entire State of Hawai‘i lies within the Coastal Zone Management area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 15. Subject Property: The property is generally level with low-gradient slopes and is developed with an existing two-story single-family dwelling. County Real Property Tax records identify the dwelling as approximately 2,860 square feet with five -3- bedrooms, two full bathrooms, and two half-bathrooms. However, historical County Building Division records associated with Building Permit No. 830818, issued in 1983 and identified by Real Property Tax records as completed, describe the permitted dwelling as containing six bedrooms. Existing agricultural uses include a pasture area for cattle and areas used for vegetable cultivation and other plantings. 16. Surrounding Zoning/Land Uses: The majority of the subdivision where the subject parcel is located is zoned Residential Agriculture 0.5 acres (RA-0.5a), with areas to the south and east zoned as Agricultural 20-acres (A-20a). Across Huina Road, there are large parcels zoned Agricultural 5-acres (A-5a). The surrounding area is characterized by agricultural and rural residential uses. According to the applicants, surrounding properties have a similar agricultural character, with residential development, agricultural activities, livestock, and crop cultivation occurring in the area. The applicants also own several nearby parcels; however, they have clarified that only TMK: (3) 1-7-025:019 will be used for the proposed bed and breakfast, including all guest access and parking. 17. U.S.D.A. Soil Type: Soils on the subject property are classified as Kiloa extremely cobbly highly decomposed plant material, 3 to 10 percent slopes and Kopua-Ihope complex, 3 to 10 percent slopes. 18. Land Study Bureau’s Detailed Land Classification System: According to the Land Study Bureau's Detailed Land Classification system, the subject property is classified as Class E, indicating lands with very low/very poor productivity. 19. Agricultural Lands of Importance to the State of Hawaiʻi (ALISH): Soils within the project site are designated “unclassified” by the Agricultural Lands of Importance to the State of Hawaiʻi. 20. Flood Insurance Rate Map (FIRM): The property is classified as Flood Zone “X,” (Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. 21. Flora/Fauna Resources: No formal flora or fauna survey was submitted with the application. The applicants state that the property contains an abundance of flowers and trees and that no endangered or threatened botanical species, native -4- bird micro-habitats, active nesting sites, critical habitats, or protected roosting areas are known to occur within the actively used portion of the property. No new construction or land disturbance is proposed as part of the bed and breakfast request. 22. Agricultural Use: According to the applicants, the subject property contains ongoing agricultural activities consisting primarily of cattle raising, pasture use, vegetable cultivation, and other plantings. The applicants state that vegetables are grown for personal use and community distribution and that the cattle operation contributes beef for local consumption. The submitted materials do not identify the acreage or square footage devoted to pasture or crop cultivation, the number of livestock maintained on the property, the amount of produce grown, or whether the agricultural activity is operated commercially. 23. Archaeological/Cultural/Historical Resources: No archaeological inventory survey, cultural impact assessment, or other formal cultural or historic resource study was submitted with the application. According to the applicants, there are no known archaeological, historical, or culturally significant resources on or immediately adjacent to the property. The applicants state that the residential portion of the property has been in use for more than 40 years and that no new construction, excavation, or other ground-disturbing activity is proposed as part of this request. 24. Public Access: There is no record of any designated public access to the shoreline or mountain areas that traverse through the subject property. PUBLIC UTILITIES AND SERVICES 25. Access/Parking/Traffic: According to Hawaiʻi County Zoning Code Section 25-4- 51(a)(2), a bed and breakfast establishment must provide one parking stall for each guest bedroom and one stall for the dwelling. The subject property is accessed via an existing driveway from Huina Road, an unimproved dirt and gravel roadway historically identified by the County Department of Public Works as a Homestead Road or “Road in Limbo.” In correspondence dated August 18, 1997, DPW stated that the County did not routinely maintain this portion of Huina Road, although the roadway was determined to be passable at that time. The applicants -5- state that all guest access and parking associated with the proposed bed and breakfast will occur entirely on the subject property. The submitted site plan identifies designated guest parking and separate homeowner parking areas. The applicants anticipate one guest vehicle at a time, with the possibility of two vehicles, and state that no guest vehicles will park on or obstruct Huina Road. Staff visited the site and noted that there is a 2-stall covered carport and space for at least 5-10 more vehicles on the parcel, which is adequate for the proposed bed and breakfast. 26. Water: The application initially stated that the subject property was served by the County water system. However, the Department of Water Supply (DWS) confirmed that the subject parcel does not have an existing authorized DWS water service and is located outside the service limits of the Department’s existing water system. The nearest DWS facility is an existing 4-inch waterline terminating within North Kūlani Road, approximately one mile from the subject property. Following receipt of DWS comments, Planning Department staff contacted the applicants regarding the existing water supply. The applicants indicated that they had previously obtained water through a pipe connected to the County water system and were unaware that the connection was not an authorized DWS service. The applicants subsequently stated that they discontinued use of that connection and installed a private rainwater catchment system to serve the dwelling and proposed bed and breakfast. DWS stated that it has no objection to the application if a private rainwater catchment system or private well is used; however, DWS cannot approve or determine the adequacy of such a system because private systems do not meet DWS Water System Standards. Staff has confirmed that the private catchment system has been installed. 27. Wastewater: According to the application, the existing dwelling and proposed bed and breakfast would use an existing cesspool, with no expansion or modification proposed. The Department of Health, Wastewater Branch (WWB), stated that it has no wastewater records on file for the property. WWB requested a cesspool survey form and the total number of occupants proposed for the bed and breakfast; after reviewing that information, WWB will determine whether the cesspool may -6- serve the proposed use. The applicant has stated that the cesspool survey has been submitted and is awaiting review from the DOH. A condition of this approval will require that the applicant obtain DOH approval prior to renting out rooms. 28. Solid Waste: Any solid waste generated by the proposed B&B operations will be disposed of by commercial solid waste disposal companies or by the B&B host. 29. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH) has noted that a food establishment permit will be required if meals are to include “potentially hazardous food” or if the number of guests exceeds six. If the bed and breakfast will only offer commercial cereal, pastries, breads, fruits, coffee, tea, and juice, then a food establishment permit is not required. 30. Essential Utilities and Services: The subject property is served by existing electrical and telecommunications service and a newly installed private rainwater catchment system. According to the applicants, the proposed bed and breakfast will otherwise utilize existing residential utilities and infrastructure, and no major utility extensions or public infrastructure improvements are proposed. AGENCY COMMENTS 31. State Department of Health: (Planning Department Exhibit 2 – August 5, 2026, memo). 32. State Department of Health - Wastewater Branch: (Planning Department Exhibit 3 – September 22, 2026, email). 33. Department of Water Supply: (Planning Department Exhibit 4 – August 19, 2026, letter). PREVIOUS AGENCY COMMENTS 34. Department of Public Works: (Planning Department Exhibit 5 – August 18, 1997, letter). AGENCIES – NO COMMENTS/NO CONCERNS 35. State Office of Planning and Sustainable Development, Police Department. AGENCIES – NO RESPONSE 36. Department of Public Works – Engineering (Hilo) and Building Divisions, Department of Environmental Management, Fire Department, State Land Use -7- Commission, State Department of Agriculture, State Department of Land and Natural Resources. PUBLIC COMMENTS 37. No public comments have been received as of the date of this writing. SPECIAL PERMIT APPLICATION NARRATIVE Applicant/Property Owner(s): Nani and Joe Early Property Address: 17-4817 Huina Rd, Mountain View, HI 96771 Tax Map Key (TMK): [Insert TMK Number, e.g., (3) 1-7-025-019-0000 Land Use Designation: State Land Use Agricultural District / County Agricultural (Ag) Requested Use: Hosted Bed and Breakfast Home Occupation HOME is Fully Permitted and Gated 1. Introduction & Project Description We are requesting a Special Permit to operate a Hosted Bed and Breakfast home occupation within the State Land Use Agricultural District, in strict compliance with the Hawaii County Bill 47 framework. The subject property is a functional, active agricultural homestead featuring a well-maintained, two-story single-family residence. The operations will be split cleanly by floor to maintain safe, dedicated oversight: • Top Story: Serves as the primary, permanent residence for the hosts/homeowners. This ensures 24/7 on-site management and immediate response capability as a fully hosted operation. • Bottom Story: Dedicated exclusively to the hosted bed-and-breakfast guests. The guest layout is configured with three bedrooms. 2. Active Agricultural Operations & Local Food Production The property is actively utilized for sustainable agricultural production, aligning perfectly with the intent and objectives of the State Agricultural district. The hosts engage in two primary agricultural pursuits on the land: • Livestock Production: The hosts actively raise cattle on the property. This livestock operation directly contributes to Hawaii’s local food security by supplying high-quality beef to residents living here in the islands. • Crop Cultivation: The hosts maintain a dedicated vegetable produce operation on the lot, cultivating fresh crops for personal sustainability and community distribution. The hosted bed-and-breakfast will serve as a complementary agritourism element, allowing guests to witness and respect a genuine, working Hawaiian homestead featuring some native plants and flowers. 3. Traffic, Parking, and Access Logistics The proposed hosted use will create negligible impacts on local traffic infrastructure. • Vehicle Volume: Operations typically generate only one guest vehicle at any given time, with the possibility of 2 vehicles. • On-Site Parking: The property is a very large agricultural lot with ample space. It features a large, designated private parking area entirely within the property boundaries, situated safely away from pasture and cultivation areas. • Roadway Impact: No vehicles will park on or block Huina Road. Turning radiuses allow vehicles to safely enter and exit the property.  4. Surrounding Zoning and Land Use Compatibility The subject property is nestled entirely within an established agricultural sector. • Adjacent Uses: All surrounding properties share identical agricultural character and State Land Use designations. • Impact Minimization: Because the hosts are active farmers themselves, the low intensity, family-focused nature of this hosted bed-and-breakfast will not disrupt farming activities, crop cultivation, or livestock operations on adjacent properties. • Aesthetic Preservation: No new structural footprints are being added. The rural, agricultural visual character of the Mountain View neighborhood remains completely intact. • We are not blocking existing public access to any shoreline or mountain areas. 5. Environmental, Archaeological, and Cultural Resources The proposed hosted operation utilizes an existing permitted structure, ensuring zero ground disturbance. • Archaeological Resources: There are no known archaeological, historical, or culturally significant resources located on or immediately adjacent to the property. • Public Access: The property holds no existing public access trails to or along the shoreline, nor does it border mountain access pathways. Guest activities will not interfere with, alter, or restrict public rights-of-way or access to Hawaii's natural resources. 6. Utilities and Public Infrastructure The property is fully equipped with robust, existing infrastructure: • Water & Sewage: Adequate water supply is established, and sewage disposal is safely handled via an approved, permitted on-site system. • Power & Telecom: Reliable electricity and telephone/data services are fully operational. • Solid Waste: Trash collection and solid waste management will be handled privately and responsibly by the host to maintain a clean environment. 7. Special Permit Criteria Alignment The proposed hosted bed-and-breakfast satisfies the standard guidelines for a Special Permit on Agricultural land: 1. Not Contrary to Public Welfare: The request provides an educational, familyoriented lodging option that highlights local farming. It directly supports Hawaii's broader initiative for food self-sufficiency and sustainable eco-tourism. 2. No Substantial Adverse Impact: It does not take viable agricultural land out of production. Instead, it economically supports the continuation of the cattle and vegetable operations. It creates no noise, light, or environmental pollution. 3. No Burden on Public Agencies: All infrastructure is self-contained or already integrated. It requires no additional public funding or utility extensions from the County or State. Signed Date: 05/25/2026 Nani Early ______________________________________________________________ Joe Early _______________________________________________________________ Nani and Joe Early HOSTED bed-and-breakfast on the subject State land Use agriculturally zoned property located 17-4817 HUINA RD. TMK: 3-1-7-025-019 Request for Hosted Bed and Breakfast Special Use Permit 1. A Filing Fee of $500 was paid on 5/27/2026 2. The application was signed and is attached/uploaded in EPIC. 3. Written Narrative, including the following information on the Subject Request 3A. Applicant Information & Objectives The applicant(s) Nani and Joe Early are requesting a Special Permit to operate a 3 bedroom, bottom floor of home, HOSTED bed-and-breakfast on the subject State land Use agriculturally zoned property located 17-4817 HUINA RD. TMK: 3-1-7-025-019 Quite Hours: 10p-8a. Traffic Impacts and Noise are zero. We do not have employees. Standard residential upkeep-is done by the Owner/Applicants. The Reason for the request of a SPP: As a primary long-term resident, the host occupied bed and breakfast will provide a lowimpact, sustainable agritourism and experience that integrates seamlessly with the surrounding rural neighborhood character. Operational Details & Capacity This request for a Special Permit s seeks authorization to operate the bed and breakfast on the first floor with 3 bedrooms, with a maximum allowable occupancy of 8 individuals The applicant maintains a continuous, stabilizing presence on the property by living in the main house 2nd floor. The check-in times are 3pm and check-out is 11am. 3B. Property Description, Location & Layout The subject property at consists of 1.0 Acres of land. The home is on a predominantly level, and a topography that gracefully transitions into low-gradient slopes, ensuring an aesthetically pleasing rural character and favorable for drainage. The Bed & Breakfast is one structure, a two-story home built and fully permitted in 1983. The 1st Floor (Bed and Breakfast) has 3 bedrooms, 1 Bath and ½ Bath, and 1-2 parking for guests on property. 3C. State/County Plans affecting the subject request: State Land Use Boundary Designation, General Plan designation, Zoning Special Management Area and Community: The subject site is identified as Tax Map Key TMK (3) 1-7-025-019 encompassing 1.0 acres of land. The parcel is situated within the State Land Use Agricultural District and is located at 17-4817 HUINA RD., in Maunalani Lots. Positioned approximately ½ mile from N. Kulani Rd. Granting this request would promote the effectiveness and objectives of chapter 205 HRS and then in the case of the agricultural district state land use, the law is intended to preserve or keep land of high agricultural. Lot does have a pasture for cow(s) and growing vegetables an plants. Economic Development • Goal 1: Provide residents with opportunities to improve their quality of life through economic development that enhances the County’s natural and social environments. • Goal 2: Ensure economic development and improvements exist in strict balance with the physical, social, and cultural environment of the Island of Hawaii. • Goal 3: Strive for diversity and stability in the economic system. • Goal 4: Provide an economic environment that allows new, expanded, or improved economic opportunities that are highly compatible with the County's cultural, natural, and social fabric. • Goal 5: Foster an economic climate that provides residents with an open opportunity for choice of occupation. • Goal 6: Strive for diversification of the economy by strengthening existing homegrown industries and attracting compatible new endeavors. • Policy A: Encourage the development of a visitor industry that operates in complete harmony with the social, physical, and economic goals of the local residents of the County. • Policy B: Support all levels of education, employment, and training opportunities through local enterprise. Environmental Quality and Natural Resources Environmental Application: The proposed hosted bed-and-breakfast represents a desirable, low-impact use of this specific property. It achieves economic viability without imposing any structural footprints, noise, or traffic burdens on nearby residential neighbors or surrounding agricultural properties. 3D. ZONES: Environmental & Hazard Classifications • Lava Flow Hazard Zone: The property is located within Lava Zone 3 • Special Management Area (SMA) Status: It is explicitly positioned outside of any State Conservation District and does not fall within the County’s Special Management Area (SMA) as it is roughly 10 miles inland from the nearest Coastline and at an elevation of approximately 800 feet. SEE LAVA ZONE IMAGE BELOW 3E. FIRM Designation: NOT a Flood Hazard Area: PANEL # 1551661175F FLOOD ZONE: X According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM). Because the parcel sits outside of defined special flood hazard areas, the operation introduces zero risk to county drainage infrastructure and requires no local flood plain mitigation assets. 3F. Archeological and Historic Resources: No known Historical, Cultural, and Archeological Resources. NO known Assessments. It is highly unlikely that any intact archaeological, historical, or cultural resources will be encountered or disturbed on the subject property. The specific site envelope dedicated to the special permit has been continuously utilized for permitted residential purposes for over 40 years. No surface features, historical rock walls, or ancestral indicators are present within the active residential perimeter. There are no plans for building or excavating but in the event that cultural or historical artifacts or skeletal remains are discovered, we would immediately contact DLNR. 3G. Valued Cultural Resources – None. The current residential boundaries contain no active gathering sites or cultural practices. 3H. Floral and Fauna Resources: As hosts, our beautiful property has an abundance of flowers and trees and rather than disturbing the native ecosystem, the applicant actively protects the local fauna (birds), flora (plants), and mountains. There are no endangered or threatened botanical (flora) or Native Birds (fauna) micro-habitats located within the active boundaries of the parcel. The property contains no active nesting sites, critical habitats, or protected roosting grounds. The quiet, passive residential use of the existing home will not cause adverse acoustic or environmental disruption to local wildlife. 3I. Public Access to Public Trails There are no Public Trails off Huina Road or our Property line, therefore we are not blocking access to Historical Sites. 3J. Description of access(es) to the area & Property Driveway Description From Highway 11, turning on N. Kulani for 1.6 miles, right onto Huina Rd, then ½ miles to property at 17-4817 Huina Rd. This is the access to the property and Huina Rd. is a maintained gravel road. The property has a gated entrance to a manicured driveway and parking. 3K. Traffic Impacts: Surrounding Traffic & Impact Analysis There are no traffic impacts. Located at the terminus of this of Huina Road. The guest volume for this bed-and-breakfast is consistently equivalent to only one single vehicle, the proposed operation generates zero negative traffic or congestion. 3L. Availability of Utilities; water, telephone, electricity, solid waste and sewage disposal: All necessary public and private utilities are currently available, connected, and fully operational on the site: • Electrical Power: Hawaiian Electric Company (HECO) overhead electrical service is fully connected and active at the property. • Water Supply: County water supply. • Wastewater Disposal: Cesspool 4. Written narrative including the following: 4A. Regulatory Analysis & Justification Statement for granting this Special Permit and hoe the Proposed Use would promote the effectiveness and objectives of chapter 205, HRS (for the Agricultural and Rural Districts)…. The proposed bed-and-breakfast operation is fully consistent with and not contrary to the objectives and policies of Chapter 205 of the Hawaii Revised Statutes (HRS). The project site Utilized as Ag Land, containing a pasture for livestock. 4A1. Impacts to Surrounding Properties The proposal to operate a small bed-and-breakfast on an existing structure and on the 1st Floor, where the Host/Owners are on the 2nd Floor. Additionally, will have zero adverse impacts on neighboring parcels: • Spatial Buffer: The subject property is large (1.0 acres), and the surrounding neighborhood parcels are ours and a couple that are not, but are similar oversized, creating exceptional spatial buffers and natural privacy screening between homes. • Setbacks: The home sits approximately 50 feet back from Huina Rd. frontage, preventing any visual clutter or neighborhood noise. • No Roadway Parking: All guest parking is accommodated entirely on-site on a dedicated area. No vehicles park on the public roadway shoulders. • On-Site Host Management: As a full-time resident owner, to ensure strict compliance with Hawaii County Code quiet hours, which are observed from 10:00 PM to 8:00 AM daily. 4A2. Impact to Public Agencies The bed-and-breakfast will not place any additional burdens, financial liabilities, or structural demands on public agencies, county services, public sewer lines, water municipal loops, or regional stormwater drainage setups. All structural and utility functions are completely stabilized on-site by the landowner. 4A3. Land Suitability for Permitted Use & Unusual Conditions There are no unusual conditions or trends. 4A5. Land Character and Present Use The proposed use will not alter, disrupt, or diminish the essential residential character or daily use of the neighborhood. The property’s principal use remains the primary home of the landowner. This minor homebased venture serves as a vital economic tool, allowing a local senior to supplement fixed income. 4A6: Relationship to the General Plan The proposed project is not contrary to the overarching goals, policies, and intent of the Hawaii County General Plan or State Land Use Laws. The spirit of the Agricultural district is to safeguard lands of high agricultural potential from residential encroachment. 5. A scale-drawn Plot Plan of the Property showing lines and measurements, all existing and proposed structures with elevations, uses and improvements; and reference points such as roadways, shorelines, etc. SEE PLAT MAP BELOW and PLOT MAP PLAN DRAWINGS PLAT MAP & PLOT MAP Rendition 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: August 5, 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-2026-000135) Applicant: Nani and Joseph Early Request: To Operate a Three-Bedroom Bed and Breakfast Operation Within the First Floor of an Existing Single-Family Dwelling TMK: 1-7-025:019, 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 August 5, 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 August 5, 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 Jeffrey W. Darrow August 5, 2026 Page 4 of 4 processing) and signage, 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. From:Tomomitsu, Mark S To:Roy, Alex Subject:RE: Info on Cesspool Date:Tuesday, September 22, 2026 3:30:56 PM Hello Alex, The DOH, WWB does not have any wastewater records on file associated with the property at TMK 317025019. A Cesspool survey form would need to be submitted to the DOH, WWB. Upon review of the cesspool form and the total number of occupants allowed at the bed and breakfast then, we would be able to make a determination regarding the proposed use of the cesspool to serve the proposed bed and breakfast facility. Thank you, Mark Mark Tomomitsu Environmental Engineer | EMD/Wastewater Branch Hawai’I State Department of Health | Ka ‘Oihana Olakino 2827 Waimano Home Road, Pearl City, HI 96782 Office: (808) 586-4294 CONFIDENTIALITY NOTICE: This mail message (and attachements) is for the intended recipient(s). It may contain confidential and/or privileged information. It might also be protected from disclosure under the Hawai’i Uniform Information Practice Act (UIPA) or other laws and regulations. Review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender immediately in a separate e-mail and destroy the original message and any copies. From: Roy, Alex <Alex.Roy@hawaiicounty.gov> Sent: Tuesday, September 22, 2026 3:13 PM To: Tomomitsu, Mark S <mark.tomomitsu@doh.hawaii.gov> Subject: [EXTERNAL] Info on Cesspool Importance: High Mark, I apologize for the rush, but I am trying to get a project before the Planning Commission and there is some question about the applicant’s cesspool. The applicant states it was installed in 1980. I am trying to determine if it is legal or not and can accommodate the 3-bedroom Bed and Breakfast they are trying to host (4 bedrooms total). We sent the request for comments to DOH, but never got a response on the cesspool. Location is Hunia Road, Mountain View, HI TMK 317025019 If you have any info that would be super helpful. Thank you! Alex J. Roy, MScCounty of HawaiiPlanning Department – Hilo OfficeSMA Section – Planner VI TO: FROM: SUBJECT: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAl'I 345 KEKLJANAO'ASTREET, SUITE 20 • HILO, HAWAl'l 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 Mr. Jeffrey Darrow, Director Planning Department August 19, 2026 Keith K. Okamoto, Manager-Chief Engineer Special Permit Application Applicant: Nani and Joseph Early COH PLANNING DEPT AUG 24 2026 PM2:45 REC'D HAND DELR-'ERED Request: To Operate a Three-Bedroom Bed and Breakfast Operation Within the First Floor of an Existing Single-Family Dwelling Tax Map Key (3) 1-7-025:019 (PL-SPP-2026-000135) We have reviewed the subject request and have the following comments. Please be informed that the subject parcel does not have an existing water service with the Department, as the parcel is not within the service limits of the Depa1tment's existing water system. The nearest Department of Water Supply's water system facility is at the end of an existing 4-inch waterline within North Kulani Road which is approximately I mile from the prope1ty If the applicants choose to use a private rainwater catchment system or private well to provide water service, we have no objection to the subject application. However, we cannot approve or comment as to the adequacy of those systems as they do not meet the requirements of the Water System Standards. We recommend that the applicant consult the County of Hawai' i, Planning Department, County of Hawai'i, Depa1tment of Pub I ic Works, and/or the State of Hawai' i, Department of Health to determine any other guidelines, recommendations, or regulations regarding the use of rainwater catchment systems. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at (808) 961-8070, extension 255. Sincerely yours, <f:x-,A_ (> Keith K. Okamoto, P.E. 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Juri�di<:tiamu Disp\He'�. 2.S lnlcmen L of fm.:ts� by Attorney GtntrJJ Warren Pricx, IL I, •n tlR Supn:mc Caurt 4.1f •he Si t:c of Hu\ 'ili i. C11:;i; No. f S67 O. wilh E hibilS A chrough l. d�u:d OcLober :?J. 1991. The �.-.uir or the "Road� in Limbo�· rupor1 � inooJK:lusivc. Accord;ng to oor Dep-u1.y Cmporarroo Cou nseJ I rhc C'1� thJt went 10 he upre-u� Cour1 w.a. ... not h �aw and wouh1 .tddr:cs cd onh· when thcrt: is an ilClttal l�w ui1 filtd by 3n injured pan.;-.�