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HomeMy WebLinkAboutPD Recommendation (PL-SPP-2026-000135) -1- COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION R_EARLY_SPP_2026 NANI AND JOSEPH EARLY SPECIAL PERMIT APPLICATION (PL-SPP-2026-000135) Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends this request to establish a 3-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 applicants, Nani and Joseph Early, request approval of a Special Permit to operate a hosted three-bedroom bed and breakfast establishment within the first floor of an existing two-story, single-family dwelling identified as having five (5) bedrooms in Real Property Tax records, although the completed 1983 building permit describes a six (6) bedroom dwelling located on a 1.0-acre parcel within the State Land Use Agricultural District. The subject property is located at 17-4817 Huina Road, Maunalani Lots, Puna, Hawaiʻi, TMK: (3) 1-7-025:019. The applicants reside on the second floor of the dwelling and propose to accommodate a maximum of six (6) overnight guests, with no more than two (2) guests per bedroom. No new structures, expansion of the existing dwelling, 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 by 11:00 a.m., with quiet hours proposed between 10:00 p.m. and 8:00 a.m. The applicants propose to provide all guest access and parking on the subject parcel and have stated that no adjoining parcels owned by them will be used in connection with the bed and breakfast operation. The proposed use would utilize the existing dwelling and existing site improvements, subject to compliance with applicable -2- 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. In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural district. The subject property consists of approximately 1.0 acre within the State Land Use Agricultural District and is developed with an existing two-story single- family dwelling. According to the applicants, agricultural activities on the property include pasture use for cattle, vegetable cultivation, and other plantings. The submitted application does not identify the acreage devoted to these activities, the number of livestock maintained, the quantity of crops produced, or whether the agricultural activities are operated commercially. The proposed bed and breakfast would operate within the existing dwelling and would not require new construction, expansion of the existing development footprint, grading, or other land disturbance. As proposed, the request would not remove additional land from agricultural use. The proposed operation would be limited to three (3) guest bedrooms accommodating a maximum of six (6) overnight guests and would remain owner-hosted, with the applicants residing on the second floor of the dwelling. 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 -3- 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: (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, according to the applicants, is used for pasture, cattle raising, vegetable cultivation, and other plantings. Although the application does not quantify the extent or commercial nature of these agricultural activities, the proposed bed and breakfast would operate entirely within an existing dwelling and would not require new construction, grading, expansion of the development footprint, or conversion of additional land from agricultural use. The existing agricultural activities may continue in conjunction with the proposed use. Accordingly, the request is not anticipated to interfere with the agricultural use of the property or otherwise be contrary to the objectives of Chapter 205, Hawaiʻi Revised Statutes. (B) The proposed use would not adversely affect surrounding properties. The subject property and surrounding area are characterized by rural residential and agricultural uses. According to the applicants, nearby properties contain similar residential development, pasture, livestock, crop cultivation, and other agricultural activities. The operation would be limited to three guest bedrooms accommodating a maximum of six overnight guests. The applicants propose no employees, guest check-in beginning at 3:00 p.m., check-out by 11:00 a.m., and quiet hours between 10:00 p.m. and 8:00 a.m. All guest access and parking would be provided on the subject property, and the applicants have stated that no guest vehicles will park on or obstruct Huina Road. Given the limited scale of the proposed operation, the continued on-site presence of the owners, the use of an existing dwelling, and the absence of proposed events, amplified activities, or off-site parking, the proposed bed and -4- breakfast is not anticipated to generate significant noise, traffic, visual, or other impacts on surrounding properties. As proposed, the operation is intended to comply with the applicable operational requirements for bed and breakfast establishments contained in Hawaiʻi County Code Chapter 25 and is of a scale that is generally compatible with the surrounding agricultural and residential uses. (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 would use an existing dwelling and site infrastructure. Access is provided from Huina Road, which the Department of Public Works (DPW) identified in an August 18, 1997 letter as a Homestead Road or “Road in Limbo.” DPW stated that the County did not routinely maintain this segment. The road’s legal ownership and current maintenance responsibility have not been confirmed. All guest parking is proposed on the subject property, and no roadway, drainage, sewer, or other public infrastructure extensions are proposed. The Department of Water Supply (DWS) confirmed that the subject parcel is outside the service limits of the County water system and does not have an authorized DWS water service. The nearest DWS facility is approximately one mile from the property. The applicants subsequently advised Planning Department staff that they installed a private rainwater catchment system and discontinued use of the water line previously serving the dwelling. DWS stated that it has no objection to the application if a private catchment system or private well is used but cannot determine the adequacy of a private system. The applicant has installed the appropriate water catchment system which has been confirmed by Planning Staff. The dwelling and proposed bed and breakfast would use an existing cesspool. The Department of Health, Wastewater Branch (WWB), stated that it has no wastewater records on file for the property and requested a cesspool survey form and the total number of occupants proposed for the bed and breakfast. WWB will determine whether the cesspool may serve the proposed use after reviewing that information. The applicant has submitted a cesspool survey form to -5- DOH-WWB to provide documentation that the existing cesspool is appropriate for the proposed use. A condition will be added to this approval that the applicant will adhere to any conditions or requirements set by the DOH-WWB in regard to the existing cesspool. (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. Although such uses are not principally agricultural in nature, the Special Permit process allows consideration of unusual and reasonable uses within the Agricultural District where they can be accommodated without undermining the objectives of HRS Chapter 205. The proposed request would provide small-scale, owner-hosted visitor accommodation within an existing dwelling, with three guest bedrooms and a maximum of six overnight guests. According to the applicants, the operation is intended to complement the existing rural residential and agricultural character of the property rather than replace those uses. As proposed, the request reflects a type of secondary use that was not contemplated as a principal agricultural activity when the district regulations were established but may be considered through the Special Permit process. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The subject property is currently developed with an existing residence and, according to the applicants, is also used for pasture, cattle raising, vegetable cultivation, and other plantings. According to the Land Study Bureau’s Detailed Land Classification system, the subject property is classified as Class E, indicating land with very poor overall agricultural productivity and significant limitations for agricultural use. Although some agricultural activities are occurring on the property, the Class E rating indicates that the land has limited capability for more intensive agricultural production. -6- The proposed bed and breakfast would operate within the existing dwelling and would not require additional land to be removed from agricultural use or interfere with the continuation of the existing pasture and cultivation activities. Therefore, while the property remains available for agricultural uses suited to its limitations, its relatively poor agricultural capability supports consideration of the proposed 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 proposed bed and breakfast would operate entirely within the first floor of the existing residence, while the applicants would continue to reside on the second floor. No new structures, grading, expansion of the existing building footprint, or other physical alteration of the property is proposed as part of the request. The subject property would continue to function primarily as a residential and agricultural property, with the applicants’ existing pasture, cattle raising, vegetable cultivation, and other plantings continuing in conjunction with the proposed use. The bed and breakfast would be limited to three guest bedrooms accommodating no more than six overnight guests, with all guest access and parking contained on the subject property. Because the proposed use would be conducted within an existing dwelling and would not materially alter the physical development pattern, agricultural activities, or rural 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 Community Development Plan (CDP) 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 -7- 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 Residential and Agricultural-0.5 acre (RA-.5a), is developed with an existing single-family dwelling, and, according to the applicants, contains pasture, cattle raising, vegetable cultivation, and other agricultural activities. The proposed bed and breakfast would operate within the existing dwelling and would not require additional structures, expansion of the development footprint, or conversion of additional agricultural land. 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 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. -8- 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 Statutes, relating to Coastal Zone Management. The subject property is located outside of the County’s Special Management Area and is situated approximately 10 miles inland from the nearest shoreline. The proposed bed and breakfast would operate entirely within the first floor of an existing single-family dwelling, with the applicants continuing to reside on the second floor. Because the proposed use would occur within an existing developed residential site located well inland of the shoreline, the request is not anticipated to adversely affect coastal recreational resources, scenic and open-space resources, coastal ecosystems, or public 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. -9- Investigation of valued resources: No formal archaeological reconnaissance survey, cultural impact assessment, oral history study, or other site-specific cultural study was submitted with the application. The applicants state that they are not aware of archaeological sites, historic features, traditional gathering areas, or other cultural resources on the subject property. The property has been developed and used for residential purposes for several decades, and the proposed bed and breakfast would operate entirely within the existing dwelling. No new construction, grading, excavation, vegetation clearing, or other ground disturbance 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 applicants, 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 applicants have also indicated that there are no known public trails, shoreline access routes, mountain access routes, or traditional gathering areas crossing the subject property. However, because no formal cultural or archaeological study was conducted, the absence of such resources cannot be conclusively established from the application record. Possible adverse effect or impairment of valued resources: The proposed bed and breakfast would be conducted within an existing dwelling and would not involve expansion of the existing development footprint or new ground-disturbing activity. Based on the information presently available, there is no evidence that the proposed use would restrict access to traditional gathering areas, 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 on the subject property, no project-specific mitigation measures are warranted at this time. Any exercise of constitutionally protected traditional and customary Native -10- 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 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 three-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 21, 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 operator of the bed and breakfast establishment shall reside on the subject property. 4. The bed and breakfast operation shall be limited to the use of three (3) bedrooms for rent and no more than six (6) overnight guests at one time. -11- 5. A minimum of four (4) parking stalls shall be provided on-site for the bed and breakfast establishment. 6. Bar sinks or individual kitchens are not permitted in any bedrooms, and the single-family dwelling is limited to one kitchen. 7. At no time shall the permitted use on the subject property include events, weddings, retreats, group activities, commercial gatherings or amplified music. 8. Water for the bed and breakfast operation shall be supplied by the applicants’ private rainwater catchment system or another lawful water source. The Applicant shall not use an unauthorized connection to the Department of Water Supply system to supply the bed and breakfast operation. 9. Prior to commencement of the bed and breakfast operation, the Applicant shall complete any wastewater improvements or alternative system upgrades as required and approved by the Department of Health Wastewater Branch and provide documentation of that approval to the Planning Department, before commencing bed and breakfast operations. 10. 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. 11. The Applicants shall comply with all requirements of Section 25-4-7 of the Zoning Code, Hawaiʻi County Code Chapter 25, relating to bed and breakfast establishments. 12. The Applicants 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. -12- 13. The Applicants 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. 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.