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HomeMy WebLinkAboutApril 4 2014 ssdapplicationsPLANNING DEPARTMENT SHORELINE SETBACK APPLICATION F0R©EI'ICIAL.u-s O-X SSD 201_q- - Acce tance Date: r Website Posting Date: r 'z . Determination Date: Planning Commission Date: Expiration Date: 9D. I Planner Assi ed: Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. if you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A cantinfbrmation. Applicant: 0 C7,L401 EW4-�- pTae- .�� e--&i0A4r � %� �' e<:� Mailing Address: " Phone: ~ r � d 4--.� t g ]�-/l7r Email: V A lic is Status: Check one) Owner of the Property (Holder of at least 75% of the equitable and legal title ❑ Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must'provide a Letter of Authorization. Attach letter of Authorization Authorized Agent Transmittal Date: ProIeCYIn ormation (attach additional sheets: ifnecessaril County Zoning District: Tax Map Key(s): e — Z O &m Land Area: Nature of Development: �� �j,�, ��,�.s •"lf (Description of proposed structure or subdivision) NO PERNUTS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROBED IN §8-27.8(c)(8) Part A Shoreline ,Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1. Property is Abutting the Shoreline ❑ Proposed project's approximate distance from shoreline (based on aerial map): ft. 2. Prope5yKNot Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map). 3. Additional Information: ❑ Shoreline Change (Erosion/Accretion) Rate: ft./year (information available here: www,soest.hawaii.edu/coasts/kauaicouDV/KCounW.htm]) ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: -1- Ba- J-F 769 U PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION and around elevation of Shoreline type (e.g. beach, dune, rocky, sandy with ro c�y outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? M and Has this property been subject to coastal hazards (i.e. flooding, erosion, tsunami, etc.) in the past? PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signatur Si a Date :A licabli . to;`l�e cotit-'l`eted "-�aaa De `ai�exe�l" _ Setback Dete inat on necessary. Requirements of Ordinance No. 979 are applicable. ❑ Setback Det m' tion i N T nec ary. Req ments of Ordinance No. 979 are not applicable. Pia4og b t° ct r design a Date If )fart A has been deted that ) Diterrmnation will be necessary, the additional information will be required for submission of this aDDIrcation. Part D ❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§ 8-27.8(e)) ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) WIM 6/2l/17 ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria; (A) In cases where the proposed structure or subdivision, is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 'V' or 'VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater;. (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ❑ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in 'Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). Egemplaon Detern inf tion tene t} . Pursuant 8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed strut(s) or subdivision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. ❑ Pufack ant t8-27.7 e County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setan' ar .While pt from those shoreline setback determination requirements established under §8-27.8, the prosedjstructure(s) ' bje to the us 8-27.7(b). (See pg. 8) ❑� Date -3- finln� CONNECTExPLORER' map: Auto (Aerial) Oct 2012 - Sep 2014 Bernard P. Carvalho Jr. Mayor Wallace G. Rezentes Jr. Managing Director DEPARTMENT OF PUBLIC WORKS eeM `?g 0 RAP EV Lyle Ta! Acting couz wee -� _� V q County of Kauai, State of Hawai`il S JUL 18 AS :45 4444 Rice Street, Suite 275, Liihu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 July 13, 2018 RE C ` a Jude and Deidre Basile . 1565 Pee Road Unit 415 K61oa, HI 96716 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION INTERIOR RENOVATIONS PO'1PU SANDS UNIT 415 FOR BASILE TMK: (4) 2-8-020:008-0047 PW.07.18.039 Dear Mr. Basile, The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial 'improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed improvements for Unit 415 at the Po`ipu Sands condominium. The structure contains 18 units. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value There were five (5) other building permits approved for the structure within the past ten years. The first permit was approved in 2009. Therefore, the market value used in the calculations is the 2009 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by County's Real Property Assessment Division. The 2009 RCNLD was determined to be $4,208,900. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State •of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer Po`ipu Sands — Unit 415 Shoreline Setback Application -- Substantial Improvement Determination HE � - .. -0. ... a 3tme 13, 2018=.mm..:.......... _-.:._- Cost of Improvements The costs of improvements for previous building permits are taken from the valuations shown in DPW Building Division records. The total cost of improvements for the proposed interior renovations to Unit 415 of the Po`ipu Sands condominium was taken from the Building Division's estimated construction value as shown on the current building permit. The cost was estimated to be $75,000. The cost is summarized as follows for the past 10 years: -------------------------------------------------------- BP 09-1936 $1,000 BP 12-1165 $41,000 ----------------------------------- -------------------- BP 13-11.36 . $28,800 ---------------------------------------------- _ _ BP 13-2059 $30,000 ----------------------------------- ------------------- BP 14-1276 $75,000 ----------------------------------- --------------------- BP 18-0704 (CURRENT) $75,000 ,------------------ -- -- - - -�- - - ----- -- - TOTAL COST $250,$00 Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $250, $00 0.0596 or 5.96% Market Value (Real Property): $4,208,900 = Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto@kauai.gov. Sincerely Concur, MICHAEL MOULE, P.E. E TABATA Chief, Engineering Division tAting County Engineer SIIBV Copy: Design and Pennitting Planning Salvatore Bosco (3470 Lauoho Road, Lawa`i, HI 96765) MOP, R t : a ^, r�x a _ y^ 4 aUntitled - 1565 Pe'e_Pd El ATV M , fA � •_ S fin+ S ps 41 Ear;,..' N �oale- 300 ft PLANNING (DEPARTMENT SHORELINE SETBACK APPLICATION F0A- FFICM USE. ONLY: , SSD 201. "Acc stance Date: 187 Website Posting Date: - r Jyf Determination Date: Plaunin mh7D Comissioate: fit. Expiration Date: , Planner Assi ed: ' Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. if you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Applicant Information Applicant: NUTTALL FAMILY REVOCABLE TRUST Mailing Address: 2990 E. cOLI-uMBER ST. Phone: 602 697 7042 GILBERT, AZ 85234 Email: gnutta118Qgmail.com Applicant's Status: (Check one) El Owner of the Property ❑ Lessee of the Property (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a better of Authorization. ❑ Authorized Agent Attach Letter of Authorization Transmittal Date: JUNE 12. 2018 Project Information (attach additional sheets, if necessary) County Zoning District: Tax Map Key(s): 2-6-05:14 Land Area: 1.72 AC. Nature of Development: Interior renovation of an existing Unit #414. (Description of proposed structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1. Pr arty is Abutting the Shoreline Proposedproject's approximate distance from shoreline (based on aerial map): varies 1e'-50' {{ 2. Property is Not Abutting the Shoreline ❑ Proposed project's approximate distance from shoreline (based on aerial map): ft. 3. Additional Information. ❑ Shoreline Change (Erosion/Accretion) Rate: a1 ft.(seawall In place) ft./year (Information available here: www.soest.hawaii.edu/coasts/kauaicountya County.htTrl ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel. NONE -1- 6, 0 - i K- (53Y :s#PLANNING DEPARTMENT SHORELINE w ❑✓ Shoreline type (e.g. beach, dune, rocky, sandy with IRocky with existing seawall 0 Artificially armored Shoreline ✓ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): EXISTING SEAWALL Is the armoring permitted/authorized? YES Date of authorization (attach copy of authorization letter): .Is in coastal... floodplain if checked whatzong ?_ 1/E E�� 11p! jMSL property_ � Pl � (� ,- zone)? .). ❑ Has this property been subject to coastal hazards (i.e. flooding, erosion, tsunami, etc-) in the past? IYES, EXCEPT UNIT IS ON 4TH FLOOR AND WAS NOT SUBJECTED TO HURRICANE WATER DAMAGE PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Signature Date Applicability, to be completed by Planning Department Setback De ation necessary. Requirements of Ordinance No. 979 are applicable. ❑ Setback ete ination ' T neces ements of Ordinance No. 979 are not applicable. ng ix&Xr or d signee Date If Part A has been dkmed t a eterminat'on will be necessary, the additional information will be required for submission of this app ' Part B ❑ A non-refundable processing fee of one hundred dollars ($100,00) shall accompany a request for determination. (§8-27.8(e)) ❑ An aerial trap/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number Of building plans submitted) -2- 6121/17 Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 'V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not p Y. . be liu�itedto, roximtt to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 Pursuant to § 8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. 0 Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). Exemption Determination (to be completed by Flanninp- Department) i Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure(s) or subdivision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. [] Puisu to §8 7.7 the ua r ounty Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setba area. leM;��11 those shoreline setback determination requirements established under §8-27.8, the prop sed s � cture(s' #hn � 27.7(b). (See pg. 8) n Date -3- F/21/17 KUHIO SHORES CONDOMINIUM RENOVATION OF UNIT #414 APPLICANT: NUTALL FAMILY REVOCABLE TRUST 2290 E. Collumber St. Gilbert, AZ 85234 ADDRESS: 5050 Lawai Road LOCATION: Along Beach Road approximately 1/3 of a mile from west of the intersection round -a -bout with Poipu Road and immediately east of the Beachhouse Restaurant. Tmk: 2-6-05:14 Koloa, Kauai, Hawaii AUTHORIZED AGENT: Debbie Freeman, Avery Youn, Architect PROJECT DESCRIPTION This condominium project was originally constructed in 1973, adjacent to the shoreline, prior to the adoption of the Comprehensive Zoning Ordinance,.. Special Management Area Rules a,nd. Regulations, . . and the Shoreline Setback Ordinance. Some portions of the overall building are less than the 40 feet setback from the shoreline, however, dues to its construction prior to the adoption of the above ordinances, the building is considered a legal non -conforming use. The project is basically a re -modeling of an existing unit and is considered an interior renovation since no exterior work is being performed and no additional square footage is being added. Furthermore, since the building is a "poured -in -place" concrete structure, any interior walls (except party walls) are non -load bearing, thus interior walls can be removed or replaced without any structural supports required. Interior work includes remodeling the kitchen, living, bath and bedroom, and will include changing the flooring, lighting, doors, kitchen cabinets and appliances, wall finishes, bath fixtures, tilework, etc. SITE DESCRIPTION The unit is on the 4t4 floor of a single "U-shaped" 4-story building which contain approximately 19 units/floor with a total of 76 units. It immediately abuts the shoreline on it's south and east boundaries, with a seawall along the entire south boundary and a portion along the east boundary. Because of the seawall constructed in the 70's, erosion problems have been contained, and proper maintenance of the seawall should continue to protect this structure in the future. There is no beach along the shoreline boundary(ies) of this property, and it is classified as a rocky shoreline. Immediately east of the site is the Prince Kuhio Memorial Park, which provides shoreline access; furthermore, on the adjacent lot to the west (Beachhouse Restaurant) there is an existing shoreline access on it west and south boundaries. Therefore, this project will not affect shoreline access, even though its an interior renovation to an existing unit on the 4th floor of an existing building. Because of its scope and location on the upper floor, it can be concluded that the project will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Furthermore, the renovation does not constitute a substantial improvement, nor does it enlarge, add to or expand the structure, increase the size of non -conformity, or intensify the use of the unit or structure or its impact on coastal processes. EXHIBIT LIST KUHIO SHORES UNIT 414 EXHIBIT DESCRIPTION A AUTHORIZATION LETTER B DISTANCE MAP C TMK MAP/SITE PLAN D FLOOD MAP E UNIT LOCATION MAP F EXISTING/PROPOSED FLOOR PLANS G EROSION MAP H COST ESTIMATE June 6, 2018' State of Hawaii County of Kauai RE: KUHIO SHORES UNIT 414 RENOVATION 5050 Lawai Road Koloa, Hi 76756 TMK: 2-6-05:14 Gentlemen: I, Gary Nuttall, of the Nuttall Family Revocable Trust, owner of Unit #414 of the Kuhio Shores Condominium Project, hereby grant authorization to Debbie Freeman and Avery-YouR, Architect is --apply and coordinate on- aA rnatters,- related -to -the -processing and obtaining of Zoning and Building Permits from the County of Kauai and State of Hawaii, for the renovation of the above project, on lands identified as TMK: 2-6-05:14, Koloa, Kauai, Hawaii. Name: � Date Signature G Title: EXHIBIT A AUTHORIZATION LETTER Category Description Tota[_Budget Amount Spent % Spent % Complete Remaining Budget 1000 Architectural $ - $ - #D]V101 $ _ Pans/Engineering #DIVI01 $ - 2000 Preliminary $ - $ - #DIWO! $ 2100 $ - #DIVIO! $ - 2200 Demolition $ - #DIVIO! $ 2300 Appraisal #DIVI01 $ - 3000 Legal $ 1,200.00 $ - 0.00% $ 1,200.00 3100 Bulding Permit $ 1,200.00 0.00% $ 1,200.00 3200 Street Bond #DIVIO! $ - 3300 Notice of Completion #DIVIO! $ - 4000 Mobilization $ - $ - 0.00% $ - 4100 Tool Depreciation #DIVI01 $ 4200 Tool /Equip. Rental #DIVIOI $ - 4300 Town Runs #DIVIOI $ - 4400 Dynalift or Crane or Hoe Ram #DIV/O! $ _ 4500 Temp Toilet #DIVIO! $ _ 4600 Yard Fence #DIVIO! $ - 4700 Dust Screen #DIVIO! $ 4800 Hau.l!ng. #DIVIO! $ - 5000 Site Utilities $ - $ - #DIV101 $ _ 5 5050 Catchment System $ - #DIVIO! $ 5100 Wtr Meter #DIVI01 $ _ 5150 Temp Power #D[VIO! $ - 5200 Site Electric #DIVIO! $ _ 5250 Cesspool $ - #DIVIO! $ _ 5300 Septic System #D]WOI $ _ 5350 Sewer Connection #DIVIO! $ _ 5400 Water Connection #DIVIO! $ _ 5450 Underground Conduit #DIVI01 $ _ 5500 utility Trenching #DIVIO! $ _ 5550 Telephone Jacks #DIV101 $ _ 5600 TV Cable jacks #DIVIO! $ _ 5700 Dust Mud Control #DIVIO! $ _ 6000 Site Preparation $ - $ - #DIVIO! $ _ 6100 Tree Removal $ - $ - #DIVIO! $ _ 6200 Clearing #DIVI01 $ _ 6300 Rough Grade #DIVIO! $ _ 6400 Import Fill Finish #DIVIO! $ _ 6500 Compaction #DIVIO! $ - 6600 Finish Grade #DIVIOI $ _ 6700 Rock Removal #DIVI01 $ _ 6800 Ram Hoe #DIVI01 $ _ 7000 Concrete $ - $ - #DIVIO! 75.00% $ - 7100 Footings #DIVI01 $ _ 7200 Soil Treatment #DIVIO! $ - 7300 Cement #DIVIO! $ 7400 Garage Slab #DIV/01 $ _ 7500 Lanai Slab(s) #DIVI01 $ _ 7600 Driveway Labor #DIVIO! $ _ 7700 Sidewalks #DIVIO! $ _ 7800 Driveway #DIVIO! $ - 7900 Forms #DIV101 $ _ 7950 Curbs (Lava Rock) EXHIBIT H #DIVIO! $ _ COST ESTIMATE 8000 Masonry 8100 Hollow Wall Labor 8200 Hollow Wall Material 8300 Stone Exterior 9000 Lumber 9100 Rough Lumber 9200 Finish 9300 ShipLap Siding Windsorl 9400 Interior Trim Windsorl 10000 Carpentry 10100 Labor 10200 Finish Labor 10300 Upper Floor Factor 11000 Millwork 11100 Cabinets 11200 Cabinets -Upper 11300 Cabinet Labor 11400 Okume Sheet Exterior 11500 Olympic 12000 Wcliahlcal 12100 Air Conditioning 12200 Rough Plumbing 12300 Fixtures 12400 Hot Water heater (3) 13000 Metal 13100 Flashings 13200 Rough Hardware 13300 Fabricated Metals 13400 Nails straps etc stane less steel 13500 Ornamental 14000 Roofing 14100 Shake 14200 Metal 14300 slope factor $ - $ $ 10,500.00 $ $ 2,700.00 $ 4,000.00 $ 3,800.00 $ 35,000.00 $ 35,000.00 $ 16,200.00 $ $ 15,000.00 $ 1,200.00 $ 11,564A $ $ 3,500.00 $ 2,500.00 $ 4,664.00 $ 900.00 #DIVIO! #DIVIO! #DIV/O! #DIVIOI #DIV101 0.00% 5.00% 0.00% #DIV/O! 0,00% 0.00% 0.00% 0.00% #DIVIO! ##DIVIO! 0.00% 0.00% #DIV/O! 0.00% #DIV10! #DIV/O! 0.00°/a 0.00% 0.00% 0,00% 0.00% - #DIV10! #DIV/O! #DIVIO! #DIV/O! #DIVIO! #DIV/O! #DIV/01 #DIVIO! $ - $ 10,500.00 $ 2,700.00 $ 4,000.00 $ 3,800.00 $ 35,000.00 $ 35,000.00 $ 16,200.00 $ 15,000.00 $ 1,200.00 $ $ 3,500.00 $ 2,500.00 $ 4,664.00 $ 900.00 $ d $ - 15000 Exterior $ - $ - #DIVIOI $ - 15100 Soffits #DIVIO! $ - 15200 Finish Hollow Tile $ - 15300 Membrane Wrap #DIV/01 $ - 15400 T111 exterior wood siding #DIVIOI $ - 15500 2nd Story labor #DIV101 $ - 16000 Drywall $ 600.00 $ - 0.00% $ 600.00 16100 Labor #DIV/O! $ - 16200 Upper Floor Factor #DIV/O! $ - 16300 Drywall Material $ 600.00 100.00% $ 600.00 17000 Hardware Finish $ 2,120.00 $ - 0.00% $ 2,120.00 17100 Door $ 355.00 0.00% $ 355.00 17200 Cabinet Pulls $ 1,765.00 0.00% $ 1,765.00 17300 Bath Hardware 0.00% $ - 17400 Misc #DIV/01 $ - 18000 Electrical $ 8,620.00 $ - 0.00% $ 8,620.00 18100 Rough $ 2,800.00 0A0% $ 2,80D.00 18200 Fixtures $ 5,820.00 0.00% $ 5,820.00 19000 Doors $ 2,676.00 $ - 0.00% $ 2,676.00 19100 Interior doors $ 2,076.00 ° 0.00% $ 2,076.00 19200 Closet (unglazed) $ _ 19300 Mirror Wardrobe $ - #DIV/01 $ _ 19400 Exterior (unglazed) $ - #DIV101 $ _ 19500 Barn Door Hardware $ 600.00 0.00% $ 600.00 19600 Garage 2 8X18 #DIWO! $ - 19700 Garage Door Opener #DIV10! $ _ 19800 Specialty Doors 4 #DIV101 $ - 19900 Entry Solid Door 20000 GlasslGlazina $ 1,800.00 $ - 0.00% 50.00% $ 1,800.00 21000 Windows 1 22000 Sliding Glass Doors #D1V101 $ _ 23000 Special $ - #D!V101 $ _ 24000 Tub Enclosure $ #D1V/01 $ 25000 Skylites $ - #DIV/0! $ _ 26000 Glass Block #DIVIO! $ _ 27000 Glass Shower $ 1,200.00 0.00% $ 1,200.00 28000.. Mirrors— . .. ._ _ . $.. .. --600.00.. 0.00% .. $ 1;200.00 _ 21000 Insulation $ - $ - #DIV/0! $ 21100 Labor #DIV10I $ _ 21200 Material #DIV/Q! $ - 22000 Interior Walls $ 10,416.00 $ - 0.00% $ 10,416.00 22100 Shower Labor Tile Intall $ 7,500.00 #REF! #REF! 22200 Shower Materials $ 1,316.00 0.00% $ 7,500.00 Kitchen Backsplash $ 1,600.00 Bath2 Mercury Mosaics? 23000 Counter Surfaces $ 3,800.00 $ - 0.00% $ 3,800.00 23100 Granite $ 3,800.00 ° 0.00% $ 3,800,00 23200 Bath Vanity Tops 23300 Back Splashes 24000 Painting/D&or $ 11,500.00 $ - 0.00% $ 11,500.00 24100 Painting/Ncor $ 8,000.00 0.00% $ 80 ,00.00 24200 Material $ 1,500.00 0.00% $ 1 ,500.00 24300 Toilets $ 2,000A0 24000 Floors $ 14,712.00 $ - 0.00% $ 79,600.00 24100 Tile Floors Labor $12X800 S Ft q $ 9,6Q0.00 0.00% $ 9,600.00 24200 Tile Floor Material $6.39X800 Sq Ft $ 5,112.00 0.00% $ 5,112,00 24300 #DIV/O! $ - 24400 22300 22400 25000 Appliances $ 9,678.00 $ - 0.00% $ 9,678.00 25100 Wall Oven #Dlv/o1 $ _ 25200 Range/oven/cooktop $ 1,600.00 0.00% $ 1,600.00 25300 Range hood #DIV/0! $ _ 25400 Refrigerator $ 6,500.00 0.00% $ ,00.00 25500 Dishwasher $ 1,000.00 0.00% $ 1,00oy00 25600 Washer (2) #DIV/0! $ 25700 Dryer (2) #DIV10! $ _ 25800 Trash Compactor #DIV10! $ - 25900 Microwave $ 350.00 0.00% $ 350.00 25950 Garbage Disposal (2) $ 228.00 0.00% $ 228.00 26000 Clean Up $ - $ - #DIVIO! $ - 26100 Job Site #DIVIO! $ - 26200 Final #DIVIO! $ - 26300 Dumpster #DIVIO! $ - 27000 Lanscapkg $ - $ - #DIVIO! $ - 27100 Labor/Material #DIVIO! $ - 27200 Irrigation #DIVIO! $ - 27300 Fencing/Rock Wall #DIVIO! $ - 27400 Pool $ - 2.8000 Insurance $ - $ - #DIVIOI $ - 28100 Work comp #DIV101 $ - 28200 Temp. Disability (owner Employ) #DIVIO! $ - 28300 2nd Mortgage Documentation #DIVIO! $ - 28400 FUI #DIVIO! $ - 28500 FICA #D[V10! $ - 28600 SUI #DIV101 $ - 28700 Group Health Insurance #DIVIO! $ - 28500 Supervision $ - $ - #DIVIO! $ - 28550 Todd 29000 Confingenc $ - $ - #DIV101 $ - 29100 Contingency #DIVIO! $ - 30000 Miscellaneous $ - $ - #DIVIO! $ - 31100 Gutters $ - #DIVIO! $ - 31200 Rain System Bladder $ _ 31300 Solar Roof Vents $ _ 32000 Line Tota! $ 140,386AO $ 140,386.00 32100 Overhead #DIVIO! $ - 32200 Subtotal $ 140,386.00 0.00% $ 140,386.00 32300 Profit #DIVIOI $ - 32400 Subtotal $ 140,386.00 0.00% $ 140,386.00 32500 tax 4.1 % #DIVIO! $ - 32600 Subtotal $ 140,386.00 0.00% $ 140,386.00 32700 Total $ $ 140,386.00 140,386.00 Bernard P. Carvalho Jr. Mayor Wallace G. Rezentes Jr. Managing Director W :ems x.• wR Lyle Ta sa'ta-_._. Acting DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, Ljhu`e, Hawaii 9676J 8 J& 18 : 5 TEL (808) 241-4992 FAX (808) 241-6604 July 13, 2018 ; Avery Youn 4-1579 KQE6 Hwy Room 211 Kapa`a, HI 96746 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION INTERIOR RENOVATIONS KUHIO SHORES UNIT 414 FOR NUTALL FAMILY TMK: (4) 2-6-005:014-0071 . PW.06.18.127 Dear Mr. Youn, The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the stricture before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed improvements for Unit 414 at the Kuhi`6 Shores condominium. The structure contains 75 units. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value There were thirteen (13) other building permits approved for the structure within the past ten years. The first permit was approved in 2008. Therefore, the market value used in the calculations is the 2008 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by County's Real Property Assessment Division. The 2008 RCNLD was determined to be $7,400,900. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer Kuhio Shores — Nutall Family Revocable Trust - Shoreline Setback Application — Substantial Improvement Determination j June 13, 201$ Cost of of Improvements The costs of improvements for previous building permits are taken from the valuations shown in DPW Building Division records. The total cost of improvements for the proposed interior renovations to Unit 414 of Kuhid Shores is taken to be the estimated value of $133,536 prepared by Sun Spaces. The cost is summarized as follows for the past 10 years: ----------------------------------- �_____--________-_..__I j BP 08-0713 $20,000 ------------- -----, I----------------------------------- BP 08-2449 ---------- 4 000 -----------! BP 09-0589 -------------------------------------------------------- $5,000 BP 09-1441 ----------------------------------- $25,000 ----------------- BP 09-1626 —, 5 000 ----------------------------------- BP 09-1792 -------------------- $5,000- -------«--------------------------- BP 10-0880 ------ ---- $20,000 ----------------------------------- ` BP 10-0196 --------------------I $5,000 ;---------------------------------- ; BP 10-0720 ----------------------------------- --------- $ -- -----i 50 000 ' -------------------- BP 10-1979 $1,500 'I ----------------------------------- ,h--------------------- BP 12-1380 $3,000 ; ----------------------------------- BP 15-1876 I--------------------- ---------$ --.' -----; 38 500 ----------------------------------- BP 16-0303 $39,200 - - - - - - - ---- -------------------- j BP 18-1538 (CURRENT) -------------------------------------------------------- $133,536 TOTAL COST --------------------------------------------------------. $354,736 j Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $354, 736 (Real Property): — 0479 or 4.8°10 Market Value (R p riy}: $7,400,900 Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten. years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto@kauai.gov. Sincerely, R MICHAEL MOULE, P.E. Chief, Engineering Division SIIBV Copy: Design and Permitting Planning Concur, WE TABATA g County Engineer L�r �L To Koloa ..li. iN jtwo Q and MAN An drGdod Araa s fa,'1�i 5q, !'t., �. Lzcavak[on 165 cu. 4'cit5i LmbankTdAn z 960• Gu. EXHIBIT C TMKISITE PLAN Sf 1 PLAIT SCALE 1 " 50' I ' Noio� 1. ---- 14—Exlstfng FxBund Contour. aws Garton ¢� Flood Hazard Assessment Report { I www.hawaiinfip.org Property Information COUNTY: KAUAi TMIC NO: WATERSHED: PARCEL ADDRESS: (4) 2-6-005:014 AEPO 5050 LAWAI RD KOLOA, HI 96756 Flood Hazard Information FIRM INDEX DATE: LETTER OF MAP CHANGE(S): FEMA FIRM PANEL: PANEL EFFECTIVE DATE: Notes. NOVEMBER 26, 2010 NONE 1500020313F NOVEMBER 26, 2010 THIS PROPERTY iS WITHIN A TSUNAMI EVACUTION ZONE: YES FOR MORE INFO, VISIT: http://www.scd.hawaii.gov/ THiS PROPERTY 15 WITHIN A DAM EVACUATION ZONE: YES (KA-0099; KA-0112; KA-0114) FOR MORE INFO, VISIT: http://dinreng.hawaii.gov/dam/ EXHIBIT 0 100 200ft FLO D MA Disclaimer. The Hawaii Department of Land and Natural Resources (DLNR) assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Vievvers/Users are responsible for verifying the accuracy of the information and agree to indemnify the DLIVR, its officers, and employ- ees from any liability which may arise from its use of its data or information. If this map has been identified as 'PRELIMINARY, please note that it is being provided for informational purposes and is not to be used for flood insurance rating. Contact your county floodplain manager for flood zone determina- tions to be used for compliance with local floodplain management regulations. SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100- year), also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. SFHAs include Zone A. AE, AH, AO, V, and VE. The Base 'Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance purchase applies in these zones: Zone A: No BFE determined. Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of pending); BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined. Zone VE: Coastal flood zone with velocity hazard (wave action); 8FE determined. Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON -SPECIAL FLOOD HAZARD AREA - An area in a low -to -moderate risk flood zone. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities. Zone XS (X shaded): Areas of 0.2% annual chance flood; areas of 1% .annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Zone X: Areas determined to be outside the 0.2% annual chance floodplain. OTHER FLOOD AREAS Zone D. Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance purchase apply, but coverage is available in participating commu- nities. jj �J I r _ �• I j �t —ir I � r � - � • r � � � �� I f.r �� — � i u-e 2 v MA5TER BEDROOM (clg: W-0") LIVING (dg: S' s3:� An I ,va In EXISTING FLOOR PLAN PROPOSED PLANS EXHIBIT F Z' a " _ C O, uj CTy 0 0 `0 Q-4d,.2 00�t 32� E Imo- 'a-5 Z ,j a co c � X CL 0 a m BEDROOM 2 0 n: (dg: S'-0") s�7 u7 (clg: W-0") a A? KITCHEN (CIO: a � � Z uj '0 LLJ UJ O O 0 DINING NOOK ni -a 0 a 0 0 0 a DATE: 11/13/17 TITLE: AS -BUILT ARCH. PLAN SHEET: Wu di MASTER BEDROOM (cig: V-0") LIVING (cig: S' Ic Ici tIY--• I---�I- 4'a- i PROPOSE® FLOOR PLAN LIVING AREA 105E 50 FT I 11 Z o. " c � 'oLU ai Q� CS d, .O LU 6 Z v ❑ p co O0 a O 6u BERROOM 2 (clg: 8,,011) L 6ATH 2 0 V-a') KITCHEN (clg: V-0") DIN1NO NOOK (dig; V-0") Z w LU V rx a me0 u3 w °d O 0 w se o � O DATE: 11/13/17 TITLE: NEW ARCH, PLAN SHEET: A-3 SFIGEI aF West Poipu, Kauai, Hawaii oz x LU 0 LU PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION )FOR OF:I ICUL USE O14LY ' SSD 241 - AcLe tance Date: Website Posting Date: �' a Determination Date: Planning Commission Date: Expiration Date: ti Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. Lf you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. - 'A' licant Inft3rmatiot►' Applicant: FSA 9 K < G Mailing Address: P,0 13t>gPhone: 0or,16 1 Email: - 4V /1 Applicant's Status: Check one) Owner of the Property Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the ❑ Lessee of the Property date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. ❑ Authorized Agent Attach Letter of Authorization Transmittal Date: Pro a#;Iniarugation :attach additional sheets, if necessary) County Zoning District: dw-Awe-- Tax Map Key(s): ' -- 0 j - (7;it Land Area: $00 Nature of Development: (Description of proposed structure or subdivision) AQ xrioij OF 14AF 6ArJJ82M NO PERMITS WILL BE ISSUED 'WITHOUT PLANNING CONI1MSSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any bog checked mast be accompanied by additional information,, photos and/or documentation. 1. Property is Abutting the Shoreline ! ❑ Proposed project's approximate distance from shoreline (based on aerial map): 1 d ft. 2. Property is Not Abutting the Shoreline t Q ❑ Proposed project's approximate distance from shoreline (based on aerial map): i 7 ft. 3. Additional Information: ❑ Shoreline Change (Erosion/Accretion) Rate: ft./year (Information available here: www.soest.hawaii.edu/coasts/ka.uaicounty/KCountv.html) ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: - 1 - _ PLANNING DEPARTMENT a 0 Topo�y_(undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations s)ooe Cif fif bo'fit cto,,in 4-v cv�r1 Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Eo V an 01A Ate( ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? Has this property been subject to coastal hazards (i.e,.. fl`ooding, erosion, tsunami, etc.) in the past? Dbl � �X Coll 6iaL4rc PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature F � Signature "Date A, hcaltili try be cc�mai leted h ':Pla aii be `a meut t Setback(eeter ination ne sary. Requirements of Ordinance No. 979 are applicable. ❑ Setbackrininatio n quirements of Ordinance No. 979 are not applicable. I I� If Part A has been submission of this Part B or dAignee "` Date a�[ Aet p6nination will be necessary, the additional information will be required for ❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) -2- 5/21/17 ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. 10- Exemption 2 ow In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. De Letter from the Department of Public Works stating that the proposed project does NOT constitute Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). Exemptions ])etermination tto be completed trr'lann DBedrl�nentj Pursuant to §8-27.3 th ua`i County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure(s) or su rvisio (s) as exem om those shoreline setback determination requirements established under §8-27.8. ❑ Pursuant to §f-7e7 the au"i o ty C de, 1987 as amended, the proposed structure(s) is permitted witbin the shoreline setback area.e e mpt fro ose oreline setback determination requirements established under §8-27.8, the proposed stru( is subject onditions of §8-27.7(b). (See pg. 8) i Planning D ar o es' ee Date ❑ Additional c mments con Molts: } � -3- r/21j17 Cano hnprovements Shoreline Setback Application -- Substantial Improvement Determination July 5, 2018 Cost of Improvements The total cost of improvements for the proposed additions to the existing carport was taken from the cost estimate prepared by Olson Homes and submitted to the Engineering Division on June 7, 2018. The cost was estimated to be $5,208.35. The total cost for the past ten years is summarized as follows: ------------------------------------------------------ BP 13-1496 $8,000.00 --------_---------I-------------------------------- BP 18-1214 $5,208.35 - (current BP) --------------------------------------- TOTAL $13,208.35 Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $1.3,208.35 _ (Real Property): 0.0732 or 7.3/0 Market Value (R p rty): $180,300 Since the total cost does not exceed 50% of the market value, the improvement is not considered to -be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto@k.auai.gov. Sincerely, chael Moule, P.E. Chief, Engineering Division SI/BV Concur, le Tabata Acting County Engineer Copy: Design and Permitting Planning Olson Homes (5027A Puuwai Road, Kalaheo, HI 96741) AGE CALCULATION EX15T HOUSE ----- 1,246.00 go, FT EXIST CARPORT ---- 400.00 EX15T DRIVEWAY -- 300.00 MEIN HALF BATH ----- 25.00 TOTAL COVERAGE - 5G.FT. LOT AREA ------ ----- 7,448.00 50. FT. PERCENT COVERED - 26.411% N O O� O GD ,4 ]C h- 0 d eQ IL IL z K ui (a 0 M 0 1e iL M ot ot a ID ch ce x a --J a w� �s a 9 0 DATE, 5/1/2Q7.8 SCALE: 11L SHEET: "I ..... ....... I I �I I tr■itr, most SCALE: LOT COVERAGE CALCULATION EXIST HOUSE -------- 1,246.00 SQ.FT EXIST CARPORT ---- 400.00 EX16T DRiVEY4AY -- 300.00 NEW HALF BATH ----- 25.00 TOTAL COVERAGE - 1,913.00 50.FT. LOT AREA --- ------ ---1,448.00 SO. FT. PERCENT COVERED - 26.4q% M N 6 S G OQ O i a m LL J LL Z F- w LU O IL 19 DATE: 5/l/20Y8 SCALE: SHEET: Bernard P. Carvalho Jr. Mayor Wallace G. Rezentes Jr. Managing Director Frank P.. Cana III PO Box 875 `Ele`ele, HI 96705 Lyle Tabata Acting County Engineer P DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawai`18 4444 Rice Street, Suite 275, Lbu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 7. July 5, 2018 EE-1 VY - Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION FRANK CANO INTERIOR IMPROVEMENTS TMK: (4) 1-8-019:023 Dear Mr. Cano; The Kauai County Shoreline Setback and Coastal Protection. Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed additions to the existing carport. DPW has determined that the proposed additions do not constitute a substantial improvement. A summary of the calculations follows. Market Value There was one building permit approved for the existing structure within the past 10 years. The first building permit, BP 13-1496, was approved in 2013. Therefore, the market value used in the calculations is the 2013 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. The 2013 RCNLD was determined to be $180,300. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii, and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OI+']E'ICIAL: USE ONLY SSD 201_ - Acceptance Date; " Ion Website Posting Date: + LX Determination Date: f ' l Planning Commission Date: Expiration Date: Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-2'7.1), including signature page. Pill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area till in Part C. For applications involving a variance, complete Part D. ip A` ` hcnt_Iuforriation " Applicant: Pila' a International LLC Mailing Address: c/o Belles Graham, et al. Phone: 808 245-216 4334 Rice Street, Suite 202 Email: ilc'@kauai-law.com t1hue, Kauat, Hawaii Applicant's Status: (Check one ❑ Owner of the Property (Holder of at least 75% of the equitable and legal title) [] Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owners must provide a Letter of Authorization. ® Authorized Agent Attach Letter of Authorization Transmittal Date: July 13, 2018 Pro'eet.Information (attach additional sheets, if necessary County Zoning District: Agriculture/Open Tax Map Key(s): 4 5-1-004 :008 CPR No Land Area: 304.66 acres Nature of Development: Dwelling Unit, Accessory Structure, Amphitheater, and (Description of proposed related improvements as shoran on the enclosed Exhibit "D" . structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COADUSSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§5-27.1.) Check all that apply, fill in applicable information. Any box checked mast be accompanied by additional information, photos and/or documentation. 1. Prrty is Abuit1 9 the Shoreline g Proposed project's approximate distance from shoreline (based on aerial map): 400 ft. 2. Property is Not Abutting the Shoreline ❑ Proposed project's approximate distance from shoreline (based on aerial map): ft. 3. Additional Information: 0 Shoreline Change (1 rosionJAccretion) Rate: .2 — .4 ft./year (Information available here: www.soest.hawaii.edu/coasts/kauaicounty[KCo=.html) Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: - 1 - 0002 `�.. PLANNING DEPARTMENT SHORELINE 1 0 Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) Slope. The proposed Dwelling Unit and Accessory Structure are located at an elevation of approximately 100 ft. See Exhibit "D". Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Sandy with rocky outcroppings; outer reef barrier. See Exhibit "F". Artificially armored Shoreline ❑ If checked, what type of armoring (e.g, seawalI, revetment, bulkhead): eIs the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): HIs property in coastal floodplain (if checked, what zone)? X Has this property been subject to coastal hazards (i.e. flooding, erosion, tsunami, etc.) in the INot to our knowledge. PLEASE NOTE - Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant tgnature JUL 13 2010 Signature Date Setback D Irrm7in ination necessary. Requirements of Ordinance No. 979 are applicable. ❑ Setbac Dea ' is NO ssary. quirements of Ordinance No. 979 are not applicable. •1®r•1b ctor r designee Date If Part A has been geemedlia etermination will be necessary, the additional information will be required for submission of this a licati Part B 0 A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§ 8-27.8(e)) 0 An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. 0 A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. [RA Building Permit Number (If building plans submitted) -2- 6/21/17 ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under BRS Chapter 205A and any other applicable rule or law. ❑ better from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). [ Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure(s) or subdivision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. ❑ Pur t to,+§$-27.7 thea'i County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline s ack ara. Wh' exempt from those shoreline setback determination requirements established under §8-�27.8, the ropose struc abject to the conditions of §8-27.7(b). (See pg. 8) or 01 -Q Date -3- 6/21/17 EXHIBIT "A" AUTHORIZATION I. APPLICANT. Name: PILA'A INTERNATIONAL LLC, a Delaware limited liability company Attention: Rakesh Mehta Address: P. O. Box 2548 San Francisco, California 94126 II_ AUTHORIZED AGENT. Name: Max W. J. Graham, Jr., Esq. Belles Graham Proudfoot Wilson & Chun, LLP Address: 4334 Rice Street, Suite 202 Lihue, Kauai, Hawaii 96766 Telephone: (808) 246-6962 Facsimile: (808) 245-3277 Email: m%uggkaual-law-corn III. PROPERTY, Unit 2, Pila`a Ranch Condominium Pila'a, f(ilauea, Kauai, Hawaii Kauai Tax Map Key No. (4) 5-1-004:008 (CPR No. 0002) IV. AUTHORIZATION. The Applicant hereby authorizes the Authorized Agent to act on the Applicant's behalf and to file and process on the Applicant's behalf any and all applications necessary to obtain governmental permits relating to the Subject Property, including, but not limited to, the following- 1. Permits and approvals, including but not limited to, building permits, grading permits, Use permits, variance permits, zoning permits, and Special Management Area permits, issued by the County Council, or any department, agency, board or commission, of the County of Kauai. tvu:foacs/2$54B[I/WD14'3rrs.00cxI EXHIBIT "A" 2. Permits and approvals issued by any legislature body ar any department, agency, beard, or commission of the State of Hawaii, including but not limited to, the Department of Health. 3. Permits and approvals issued by the Board of Land and Natural Resources of the State of Hawaii andfor the Department of Land and Natural Resources of the State of Hawaii. 4. Permits and approvals issued by any legislative body, department, agency, board or commission of the United States of America, including but not limited to, the Army Corps of Engineers, DATED: 51 a f Ili APPLICANT; PILK A INTERNATIONAL, LLC, a Delaware limited liability company By: SQUARE SEVEN MANAGEMENT, LLC, a Delaware limited liability company, Its Manager By RAKESH MEHTA Its Authorized Signatory {W:ln0cs/z8549l11N0143778.DOCx 1 -2- EXHIBIT "B" } 1 If EXHIBIT v?B EXHIBIT °C" The Kauai County Assessor's Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided far the data herein, its use or interpretation. The assessment information is from the last certified taxro€I. All data is subject to change before the next certified taxroll. PLEASE NOTE THAT THE PROPERTY APPRAISER MAPS ARE FOR ASSESSMENT PURPOSES ONLY NEITHER KAUAI COUNTY NOR ITS EMPLOYEES ASSU RESPONSIBILITY FOR ERRORS OR OMISSIONS --THIS iS NOT A SURVEY -- Date printed: 07/12118 : 22:11:53 EXHHBYT "C" EXHIBIT "D" PACIFIC OCEAN AMPITHEATER - ACCESSORYSTRUCTURE SHORELINE CERTIFIEO 0l-w-za 7- PERMITR KA416 ACCESSORY STRU CTURE UTILITIES: -GENERATOR DWELLING NO.1 CARPORTND.1A KEPUHI POINT DWELLING NO.7 CARPORTNO.iN CARPORT PD ND.7 ACCESSORY STRUCTURE REGREATI�LDING NOA CARPORT PD NO.6 ACCESSORY STRUCTURE gECREATIONAL BUILDING ND2 DWELLING NO.8 APPROXIMATE SHORELINESEIII If rHR BACK ORDINANCE THR1y1,��11iIn ESHOLO (50W)� - _ PILABEACH PILA'ABEACH EAST ,/ir�'71I'ti;-[�11� I, WEST. FLOORAREA: � `l, __ r •- ",� £.' ��� s �. PROPOSED FLODAAREA: INTERIOR RF 97,8q. IL COVERED EXTERIOR LOORAREA: aq. IL T'OTALF4DORARFA 125.29 125291 aq:R i�\lp,rl! - / BUILDING LOT COVERAGE: E: - ' - TOTAL LOT COVERAGE: LOT SIZE: 1674T,077.6 sq.IL ALLOWABLE MAX. EUILDING COVERAGE: 8,373,538.8 (50%) sq.R YI NEW LOT LE VERAGE: 12ST291 sq.IL FXIS71MU LOTCOYERAGE DWELLING N0.5 O PROPOSED LOT COVERAGE 125,291 (0.8%) sq.R �V,._1� DWELLING NOAI rr BUILDING HEIGHT CARPORT FD NO.S ALLCWAELE BUILDING HEIGHT: 25'-01 4 [s�fj/ jf ^ - MAX. PROPOSED BUILDING HEIGHT. 25-0• CARPORT FD N0,4 / DWELLING NO,3 _ ALLOWABLETOP PLATE HEIGHT.. 20'A' ' ( L DWELLING NO.2 ,Jr MAX. PROPOSED TOP PLATE HEIGHT. 2T-IP ' CARPORT FD NO.2 1 r r rrI -r.� �r �.♦ .`l} i 111 31 �C �i� . 7 V �I CARPORTFD NO.9,.\ /1 \fj SITE PLAN[ LEGEND SI-U CONSERVATION DISTRICT > r r ` � _ -1,r.�.\ f_ //// A; -LE .\ \ ✓r % r f[.. / �. - PASTURE } , \ .� lr SMA BOUNDARY ZONE f1 / FORMER CONS ENT DECREE REM EDIATION AREAS f/ �'�'J I14 Sfr s� , � �y \ ~/r/ `_ _.� 1 \-`rr 1``\fl �/f I •I }I { '- ran/ll �:.-.J 100YEY FLO UMITZCNE ERESAKI 2009 .... ' COUNTY ZONFDOPEN DISTRICT INTERIOR BUILOINGAREA ' l • 'ti / - , ` J', J - $� ` ` \ ` y ` 1 '\v EXTERIOR BUILDINGAAEA 11 •1 / 4 ;�;�r - ,\\`� �-r r,\ II `� 1 ' /.J • �� UNCOVERED EXTERIORAREA J t• r r RANCH OPS NOA UTIWTIE$ ''�' ' w �� x , r _ Jr - ® C'I ,/ PASTURE rfr' _ ? \\� , — -- PROPERTY LINE BARN _ yam~ ` - r b % r - — 7 l —1 KULEANAPKOPERTY LINE 1 4 11 ` ! SETBACK LINE SEE 1 -\ Y� ), RANCH OPS NOA ' + J ' \ ^^ - ` Ly � CPR UNIT BOUNDARY SRE z - �$x-_ - ® PRIMARY ROAD- 207YR, CHIPSEAL -�` 21111111111111111 SECONDARY ROAD -10'TYP., GRAVEL WATER STORAGE: FENCE [7) TANK, POTABLE - 1 TANK, NON-POTABE - PUMP STATION (E) ROADS. PER ESAKI SURVEYDATED WMIX3 (VERIFY) -BODSTEA TANK I PRESSURE TANK ® POTENTIALWET BARREL ERE HYDRANT RANCH OPS NOA UTILITIES: ENTRY ENTRYGATE& ® POTENTIAL.NEWNON-POTABLEWATERWELL FENCED ENCLOSUHEWITH GATE GATEHOUSE - GEPFIOFA R TANKS Q (E) NGNFOTABE WATER WELL SEE ♦ (E) POTABLE WATER WELL KR2 - SITE PLAN SCALE: 1:400' WALKER WARNER ARCHITECTS 353 FolsornbtmOt San Francisco, California 44105 415.318,8900 WWw, WalksrW4mer.cDm ISSUEUt 201MV-13 Class 1 Zoning Permit KR2 SITE PLAN SCALE: AS NOTED JOBNUMBER: 2015011 SHEET: A1.0 1� AN LEGEND SLIT CONSERVATION DISTRICT SMA ROUNCARYZONE FORMER CONSENT DECREE REMEDIATION AREAS 10CYPARFLOODPLAIN LIMITZONE PER ESAKI SURVEYING AND MAPPING SNRVEY DATED 9170l2000 COUNTY ZONED OPEN DISTRICT INTERIOR BUILDING AREA EXTERIOR BUILDING AREA UNCOVERED EXTERIOR AREA PROPERTY LINE KULEANAPROPERTY LINE SETBACKLME CPR UNITBCUNDARY PRIMARY ROAD - 20' TYR, CHiPSEAL SECONDARY ROAD -1VTYP., GRAVEL FENCE (E) ROADS, PER ESAKf SURVEYDATED 612C06 (VERIFY] POTENTIAL WET BARREL FIRE HYDRANT P07EN71ALNEW NON -POTABLE WATER WELL (E) NOWPOTARLE WATER WELL {E) POTABLE WATER WELL IT MARVIN'S BLUFF '.R GRADING PERMIT 1T.o1z Plrnt Nork f KR2 - ENLARGED SITE PLAN A SCALE: 1:80' WALKER WARNER ARCHITECTS 353 Folsom Street San Frand3CQ, California 94105 415.319.9900 www.walkerwamer.aom N o ..1 -'► O n O , W O � C3 U)r� V, ❑ t0 Q O O _ n V..i r� V 7¢ ¢ _ Q oa O Y Z G W Y '0 • n � � 1 Y � N N IY Y n/ Y ISSUED: EC1 &CZ-13 Class ll Zoning P—It KR2 ENLARGED SITE PL4N ,SCALE: ASNOTED Jon NUMBER: 41508 SHEET: A1.1 1 SITE SECTION AT FARM DWELLING NO. 1 R7.2 SCALE: V -27 WALKER WARNER All F7�'i 353 Folsom Street San Francisco, Calif=ia 44105 415.318.9900 www. wa I h e r wa r o e r. c o m O O z O 0 O rrJ W Q� ' QQ }-� a � oY � Y Q CV o W � � Y � N 04 a Y ISSUED: 201a-0M3 Cl— Il Zoning Pelma SITE SECTION SCALE: AS NOTED JOB NUN48ER: PC000 SHEET: A1.2 EXHIBIT °E" r 9� SU7.1A'.l'R D. 'CASE GONRNOIt UP T .Sl p {a H9.y'• 1, �. y -• : ' OUIRPERSON HOARD OF LAND AND NATURAL RESOUBCFS CO�L5115Si0N ONi1:tiF.RRFSOi3RCE aw {4 j iIWIAGE.IIEW +' STATE OF HAWAH S��enfHs�Tak DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 021 l ONGLULIJ. HAWA11 96909 January 3, 2017 File No.: KA-416 Esaki Surveying & Mapping, Inc, 1610 Haleukana Street Lihue, Hawaii 96766 Dear Applicant: Subject: Transmittal of Signed Shoreline Certification Maps Owner(s); Pila'a International LLC Tax Map Key: (4) 5-1-004:008, 014 & 032 Enclosed please find two (2) copies of the certified shoreline survey maps for the subject property. If you have any questions, please feel free to call us at (808) 587-0420, Thank you. Enclosures cc: DAGS KDLO Sincerely, —z-,- a4,- 7 -- Ian Hirokawa Special Projects Coordinator EXHIBIT "E" EXHIBIT "F" w H W PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION l �R OFF�C�AL USE ONLY - SSD 2a - Acceptance Date: Website Posting Date: ,+3. 1 Determination Date: - Planning Commission Date: Ex ira6on Date Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. 722 Applicant: 3 Palms, LLC Mailing Address: c/o Belles Graham Proudfoot Wilson & Chun LLP Phone: (808) 245-2163 4334 Rice Street, Suite 202, Lihue, Hawaii 96766 Email: Ikj@kauai-law.com Applicant's Status: (Check one) ❑ Owner of the Property (Holder of at least 75 % of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the Lessee of the Property date of filing of this a lication. If not, Owner(s) must provide a Letter of Authorization. [✓ Authorized Agent Attach Letter of Authorization Transmittal Date: 7 26 18 County Zoning District - Open District Tax Map Key(s): (4) 5-5-0a2:1 07 Land Area: 1.263 acres Nature of Development: Conversion of existing Historic Dwelling Unit into Accessory Structure with New Deck, New Dwelling Unit, (Description of proposed Guest House, Hot Tub, 6` Wood Fencing (not to enter 1 00'from Certified Shoreline), Outdoor Shower, and structure or subdivision) site utilities as noted in the enclosed Site Plan. NO PERMITS WILL BE ISSUED WITHOUT PLANNING CONI IISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked mast be accompanied by additional information, photos and/or documentation. 1. Property is Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): 220 ft. 2. Property is Not Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): ft. 3. Additional Information: Shoreline Change (Erosion/Accretion) Rate: Accretion 0.8 - 0.9 ft./year (Information available here: www.soest.hawaii.edu/coasts/kauaicounty/KCounty.htmi) Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: NIA - 1 - PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION ❑✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) ;The proposed improvements are at 14 feet above mean sea level with a slight slope from the certified shoreline. ❑✓ Shoreline ❑ Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): ❑✓ Is property in coastal floodplain (if checked, what zone)? AE and X ✓ Has this property been subject to coastal hazards (i.e. flooding, erosion, tsunami, etc.) in the ;Not to our knowledge. sandv with PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determinatign,RYqmay result in fines and criminal prosecution. ?/21GA - Setback eternal'" anon nee ssary. Requirements of Ordinance No. 979 are applicable. r ❑ Setba k Deter itnation necessary, Requirements of Ordinance No. 979 are not applicable. P in ire r or des z ee Date If Part A has been 4cemed th4 a ination will be necessary, the additional information will be required for submission of this a lication. Part B ❑✓ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) 0 An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ZA detailed Plot PIan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) -2- 6/21/17 PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Exemption Determination ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ❑ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg, 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (13) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under ERS Chapter 205A and any other applicable rule or law. ❑ Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). ❑ Pursuant to §8-27.3 the Kaua' i County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure(s) or subdivision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. [] Pursuant t , Ee .7 the K County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setback . ea.l , exe t fro . those shoreline setback determination requirements established under §8-27.8, the propo d stru,(s)is ct on �tions o (b}. (See pg. 8) P-lanAfniz Dir esiznee I Date ❑ Additionat'co men ions: e: ";3 -3- 61u/v PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Part C Shoreline Setback Determination (§8-27.8) ('This document is the request for a shoreline setback structure or subdivision determination form) Please complete this section if you are proposing a structure or subdivision that is not exempt (pursuant to Part 13) and requires a certified shoreline. Determination of applicability (Part A) from the Planning Director shall first be obtained. 4� Certiiiecl Shoreline 72 - Select the appropriate option: ❑f Certified Shoreline E urvey Map (showing Certified Shoreline, Shoreline Setback, and Structures) OR Subdivision) er e Lot Depth: over 220 ft. Setba I (Table 1 or Table 2): ioo ft. ❑ ffida ' : State e of inability to horeline, pursuant to §8-27.3(d) in e r JrVts designee Date Pulihc-Prq ects;°less, than $125,000 ❑ Public Projects less than $125,000 Declaration ((§8-27.8(c)(2)) Planning Director or designee Date ❑ Certified Shoreline Required ❑ Certified Shoreline Not Required Describe proposed structure(s), including but not Iimited to the landscaping plan (please attach): tconversion of existing Historic Dwelling Unit into Accessory Structure with New Deck, New 'Dwelling Unit, Guest House, Hot Tub, 6' Wood Fencing (not to enter 100' from Certified ;Shoreline), Outdoor Shower, and site utilities as noted in the enclosed Site Plan. how the proposed structure is in compliance with U-27.8(c)(2) (attach additional information if NIA. The proposed improvements are outside the 100 foot shoreline setback line by approximately 120 feet. -4- 6/21/17 EXHIBIT "A" APPLICANT'S AUTHORIZATION I. APPLICANT. Name: 3 PALMS, LLC, a California limited liability company Address: c/o Joseph J. Doerr, Manager 5200 N. Palm Avenue, Suite 404 Fresno, California 93704 Telephone: (559) 486-6000 Email: jdoerr@smdlawgroup.com II. AUTHORIZED AGENTS, Name: Ian K. Jung, Esq. Address: Belles Graham Proudfoot Wilson & Chun, LLP 4334 Rice Street, Suite 202 Lihue, Kauai, Hawaii 96766 Telephone: (808) 245-2163 Facsimile: (808) 245-3277 Email: ikiCakauai-law.com Name: Marc A. Ventura, AIA. Address: Marc Ventura AIA, LLC 4202 Rice Street, #102 Lihue, Kauai, Hawaii Telephone: (808) 246-3936 Email: marc@marcventura.com III. PROPERTY. Lot 1-B Weke Road, Hanalei, Kauai, Hawaii Kauai Tax Map Key No. (4) 5-5-002:107 (W:/D0C9l28970I1AV4154579.DOCx ) EXHIBIT "All W. AUTHORIZATION. The Applicant hereby authorizes the Authorized Agent to act on the Applicant's behalf and to file and process on the Applicant's behalf any and all applications necessary to obtain governmental permits relating to the Subject Property, including, but not limited to, the following: 1. Building permits, grading permits, use permits, variance permits, zoning permits, shoreline setback determinations, and Special Management Area permits issued by any department, agency, board or commission of the County of Kauai. 2. Permits issued by the Department of Health of the State of Hawaii. 3. Permits issued by the Board of Land and Natural Resources of the State of Hawaii and/or the Department of Land and Natural Resources of the State of Hawaii, including shoreline certifications. 4• Permits issued by the Land Use Commission of the State of Hawaii. 5. Approval before the United States Department of Agriculture, Natural Resources Conservation Service. DATED: t] APPLICANT: 3 PALMS, LLC, a California limited liability company, SEPH J. Manager _2- f W_/DQCS/28970/1lW0154579.DRCX } EXHIBIT "B" Copyright ® 2016 gPu61 ia. net A/ Parcel CPR LakoWRiversfrom US Censt Parcel: 550021070000 Acres: 1.263 1320 ft. 4 4 + 1 THAT THE PROPERTY APPRAISER MAPS ARE FOR ASSESSMENT PURPOSES ONLY NEITHER KAUAI COUNTY NOR ITS EMPLOYEES ASSU RESPONSIBILITY FOR ERRORS OR OMISSIONS —THIS IS NOT A SURVEY --- bate printed: 07124/1 B : 17:22:32 EX-WBIT "B" EXHIBIT " C " Kauai County Parcel Maps Page 1 of 1 �dom.7o,- tents t EbW p } j Addition.i0 dons �Jhle .ParcW. Parcek'� � !r_1 tiel �P�N �p. shory Scale Kauai County makes every effort to produce the most accurate information possible. No warranties, expressed or Implied, are provided for the data herein, Its use or Interpretation. The assessment Information Is fmm the EXHIBIT "C" httn•//rirmhlir9 nni31-hlii• nat/nnmarnd./man 1 0'70AMR,P- "117d17l11 R EXHIBIT "D" W' '4 S��s =mgI����DIP a $� o bm C S^ IO I 19 - 2' WEKI: ROAD. 0 REV CO 5242 WEKE ROAD DESCRIPTION _ DATE MARC VENTURA, AIA, LLC c < -u HANALEI, HALELEA, 4202 Rice 5t. i 3 a HAUA'I, HE Lihue, Kauai 96766 o r Phone: 808 246 3936 . a �g Z M o TMK(4) 5-5-02: 107 9. ca Fax: 808 246 3936 s e c EXHIBIT "D" EXHIBIT "E" EXHIBIT "F" SLIZANNE D. CASE DAViD Y. IGE a1r''„ 19 sa CHAIRPERSON GOVERNORAVIDYFHAWAIIe- 4'i BOARD OF LAND AND NATURAL RESOURCES _ COMMISSItlN pNWATER RESOURCE MANAGEMENT oiy �"d and � S STATE OF HAWAII rr hoi ae DEPARTMENT OF LAND AND NATURAL RESOURCES POST OFFICE. BOX 621 HONOLULU, HAWAII 98609 July 19, 2018 File No.: KA-429 Honua Engineering, Inc. P.O. Box 851 Hanalei, Hawaii 96714 Dear Applicant: Subject: Transmittal of Signed Shoreline Certification Maps Owxaer(s): 3 Palms, LLC Tax Map Key: (4) 5-5-002:107 Enclosed please find two (2) copies of the certified shoreline survey map for the subject property. If you have any questions, please feel free to call us at (808) 587-0424. Thank you. iw erely, CarlM�i7yaraah Shoreline Disp sition Specialist Enclosures cc: DAGS KDLO EXHIBIT "F" I ,/YGS 'T' i�el ✓S] �tr'dX3 i9VVl'ON SWgM- 'J pri IwOISej-u P>M,IaOrl .1553NNW }w� NIVING bo 3H Ag Gmwdmu SVm VK 51Ht riIIYgd �j] 'l1'No169adWd � MJ--'d IvmyuH puv P -1 P psoog •uasaetl,� OIN 6 1 lnr ;o so auileaoys ey; so pal�l�aa :tga.ta4 sI pai a! palueupp so aullalo4s e41. ovr os o 1,I0MCH 'I,MON '001GIVH 101OUCH Ufa 9-1 101 db'i�l NO Ilb'� I d I1�i37 3N I "i��SOHS �� _ adla.vl •a� .EA 'Od}- 1a3� r r JNI7lw -�: �I7gd��n31bl1�73 r i - J.'do15-I' J.VM]AI?!O W N $ cam 09Z' I GN N NymW 30 3LV11; 8�J'3'd 'c9L I •M'O T! 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C) OC]O0C)OOO0[70b < 11 - m ? m.N00too-ti�titiD000cornrn0ooCD CDM0t0.:i ti.r1-00 000cooCo.0rnrnrn0)0C)ao000.0 (Y) N'N N N CN (N N N N N o Q) a_ Z COr7 OD00o0r-�CO(DLCi,LQ V:LC7CDCDCDC000(4cn(4LO(DI-V—(D tti-.000CD N M T d LO(OCo M CA ODr-r CO I; C7 O 0 Cl -. a C) QC7 0 O C7 b 0 CD 0 C] 0 0 CD O C7 C) O C? O C7 C7 C5 6 Cz C; �- � c-- r r r r_ r r c- T-- v- r r CJ r N M '[f .to CO 'I- CO 0) C3 r: N -o 'r 0 CO P- w 'c) N co C CO r` CO C > r N- M It 10 (D h 00 C) .r N M V M CO 00 CA O r N N, N N N CV CV M a) M M M M M M 't "T ci v "tr 't t d "T In W LO to Lo 0� to tt) CD CO �r ti001`(od;tTU')CDw(DCoCDLoLa LOLnLOLC)(DwCO(DLo,(Dm't q�t .tit d'MNpx-rrrNC')C+)mot'-!'--t LO(D 0 p.C)C)tao(7QQC]6cici66C5C56a, Ici66.666 . . C?d .ci6cit�ooaOOci66C)666ci06 N Sly. A C� O r N C+? in C9 co CJ}, �- N M �Y LC) CO : il- OD CTh C) r Cl) cE M CO . r` OD M C) r N Cf) CO r-- O0 CA 'O r d tl? M a0 ..W O e' ca CO (D CO CO cD co cD co CO r` r- ti N r t~ r I- r~ 00 00 00 00 CO 00 CD CO 00 O) 0) O) O) O rn 07 W to O 0,0 O O C7 O O Cn r C E �v-��-icy PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OMIaTCIAL USL ONLY. SSD 201 ` - Acceptance Date: - e Website Posting Date: a Determination Date: Planning Commission Date: Expiration Date: Planner Assigned. Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A lzcant Iufa�nnatian. - Applicant: 4 Mailing Address: 10 O Q,Z Phone: :L ` Email: A li is Status: Check one) Owner of the Property older of at least 75% of the equitable and legal title Lessee must have an unexpired and recorded lease of five (5) years or more from the ❑ Lessee of the Property date of filing of this a lication. If not, Owner(s) must provide a Letter of Authorization. ❑ Authorized Agent Attach Letter of Authorization Transmittal Date: Pro eCt.L1 QIiIlfltiOII attach -additional sheets, ifnecessary) County Zoning District: Tax Map Key(s): Land Area: Nature of Development: (Description of proposed structure or subdivision) NO PERMITS WILL BE ISSUED 'WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that ap y, fill iu applicable information. Any box checked must be accompanied by additional information, photos and/or d cumentation. 1. Proper/is Abutting the Shoreline EW Proposed project's approximate distance from shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline ❑ Proposed project's approximate distance from shoreline (based on aerial map): ft. 3. Additional Information: ❑ Shoreline Change (Erosion/Accretion) Rate: ft./year (Information available here: www.soest.hawaii.edu/coasts/kauaicounty/KCounW.htmi) ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: - 1 - 0 no PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION and ground elevation of Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter); Is property in coastal floodplain (if checked, what zone)? and Has this property been subject to coastal hazards (i.e. hooding, erosion, tsunami, etc.) in the past? PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature i tore ate Aanlrea lity fto b6 caifi_6betedf"-Y a me l-eb knii�at Setback D Wflhination necessary. Requirements of Ordinance No. 979 are applicable. ❑ Setbac Deterinatio% 4MOT necessary. Requirements of Ordinance No. 979 are not applicable. ct'or or dlrpec -- Date If Part A has bee eeme that nation will be necessary, the additional information will be required for ,submission of tbfs applicatio Part B ❑ A non-refundable processing fee of one hundred dollars ($1100.00) shall accompany a request for detennination. (§ 8-27.8(e)) ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) -2- 6121/17 ❑ Exemption I In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ❑ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. k�Aetter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to § 8-27.2 (If applicable, will require valuation of project). E*empiion Detertn�nalQti (toe comliLed b flag )Depdtneral} Pursuant to §8- .. the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure( r subdi� ision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. ❑ Pursu to §8-27.7Jth1 K i Cou ty Code, 1987 as amended the proposed structures} is permitted within the shoreline setback area While ex t from dt se shoreline setback determination requirements established under §8-27.8, the propose structe(s) is s b ct to a condi ' (b). (See pg. 8) Plannin or ti ignee Date ❑ Additio 1 comme is ditio -3- 6/21/17 Bernard P. Carvalho Jr. Mayor Wallace G. Rezentes Jr. Managing Director DEPARTAMNT OF PUBLIC WORKS County of Kauai, State of Rawai`i 4444 Rice Street, Suite 275, L-u`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 RAy 11, 2018 Zellie Nelson PO Box 223021 Princeville, HI 96722 Lyle 11aiata� Acting Coui f Fa FC—r — Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION ATRIUM ROOF REPLACEMENT UNIT 210 — PU'U PO`A CONDOS BLDG 2 TMK: (4) 5-4--012:011-0024 Dear Mrs. Nelson, The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten- (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed atrium roof replacement to Unit 210 in Building 2 of the Pu`u Po' a Condominiums. The structure contains 24 units. DPW has determined that the proposed improvements -do not constitute a substantial improvement. A summary of the calculations follows. Market Value There were nine (9) other building permits approved for the structure within the past ten years. The first permit was approved in 2011. Therefore, the market value used in the calculations is the 2011 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by County's Real Property Assessment Division. The 2011 RCNLD was determined to be $10,854,314. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer Puu Poa —Nelson gg Shoreline Setback Application — Substantial Improvement Determination June IT, 2018 Cost of Improvements The cost of improvements for previous building permits are taken from the valuations shown in DPW Building Division records. The total cost of improvements for the proposed atrium roof replacement is taken to be the estimated value of $19,364.80 prepared by Sun Spaces. The cost is summarized as follows for the past 10 years_ -------------- ------ - -- -- - BP 11-1559 1 $30,000,00 f --------------------------------------------------------- BP 11-2062 -----------------------------------�--------- $20,000.00 BP 12-1298 ; -- - - - -- $120,000.00 -------------------------------------------------------- BP 15-0611 _ $90,000.00 ___________________________________r__-____-_.».. BP 15-1690 '---------------------- _.»...-_-_...� $5,400.00 - ---------------- - BP 16-1049 ti $ 500, 000.00 -------------------------------------------------------- BP 16-1496 ----------------------------------- $35,000.00 -------------------- BP 17-2139 $50,000.00 ----------------------------------- BP 18-0855 ---------------»--- -i $100,000.00 -------- BP 18-1444 - - - $19,364.8.0 CURRENT ; -- - -- - ---------------------`--------------------- TOTAL COST $969,764.80 Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $969, 764.80 Market Value (Real Property): $10,854,314 — 0.0893 or 8.9% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto(a7kauai.gov. Sincerely MICHAEL MOULE, P.E. Chief, Engineering Division SI/BV Copy: Design and Permitting Planning Concum 6 E TABATA Acting County Engineer l PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION SSD 201_%- Acceptance Date: y Website Posting Date: { 9 Determination Date: Planning Commission mate: Expiration Date: 11' Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27. 1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For appl ications involving a variance, complete Part D. Applicant: 7a t --r si C-P Mailing Address: d ^e,47a 4/4;- G Phone: g 22— cJ 3 - A iV 1. vt 14 t q & ':�0 3 Email: @ e e b 4' rNtf G-t N4TIM4 A lirant's Status: (Cheek one) ❑ Owner of the Property (Holder of at least 75% of the equitable and legal title) n Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. 01 Authorized Agent Attach Letter of Authorization Transmittal Date: I County Zoning District: Tax Map Key(s): q - I L4 2 Land Area: Nature of Development: (Description of proposed v F Cj &Z' 0 ri '0 l� structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. l . Property is Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline ® Proposed project's approximate distance from shoreline (based on aerial map): ft. 3, Additional Information. Shoreline Change (Erosion/Accretion) Rate: #./year (Information available here: i�.ww.soest.ha-,vaii.edu/coastsrkauaic.ountylKCountv.html) Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: -1- (! a Gb7 Gam. Al� u 0 PLANNING DEPARTMENT SHORELINE ,SETBACK APPLICATION fiat, slope, etc.) and ground elevation of subjectparcel (Lowest and Highest el r::77t,A-r- Shoreline tyke (eMg. beach, dune, rocky, sandy with rocky outcropping, etc_)' a Y4e w Y _ ❑ Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): [] Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): Is property in coastal floodplain (if checked, what zone)? Has this property been subject to coastal hazards i.e. flooding, erosion, tsunami, etc.) in the past? PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature r � � Signature Date Setback tern inatio ssary. Requirements of Ordinance No. 979 are applicable. ❑ Setback De � inatio ".ST necespry7Nequirements of Ordinance No. 979 are not applicable. U P Wing D ec or de ee Date If Part A has been de cued t a bykadnation will be necessary, the additional information will be required for submission of this ani)liba ' . Part B A non-refundable processing fee of one hundred dollars (SI 0.00) shall accompany a request for determination. (§ 8-27.8(e)) ❑ An aerial maplimage (ex. Google Maps or Googie Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (if building plans submitted) -2- 6/2S/27 ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Fiood Insurance Rate Map (FIRM l `V' or 'VE-fiood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ❑ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area, Exemption 3 Pursuant to §8-27,7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-272 (If applicable, will require valuation of project). Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure - )rsubdivision(s) as exempt from those shoreline setback'determination requirements established under §8-27.8. ❑ Pursu t to §8�7.7 th u `i County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setba area. hile ex m om those shoreline setback determination requirements established under §8-27.8, the propos stru/ture(s) i s b ct to the condi ' '8-27.7(b). (See pg. 8) t Plann' Dir signe Date ❑ Addi 'ional co�nmgnts/ itions: -3- W1l17 May 7, 2018 F SUBJECT: LETTER OF AUTHORIZATION TO OBTAIN A BUILDING PERMIT LOCATED AT 3526 MOLOAA ROAD TMK: 4-9-14:27 To Whom It May Concern, I hereby authorize Edward Bittner, representative of Bi#tner Construction, as my agent and to act and sign on my behalf in obtaining, a building permit on the subject property. I certify that I am the owner of the property for which the permit is. to be issued. Teo Cervantes Bernar€1 'P. Carvalho Jr. Mayor Wallace G. Rezentes Jr. Managing Director Ed Bittner P.O. Box 456 Anahola, HI 96703 Lyle T, ald Acting Cou ly x[gi user A:, a a.y {N DEPARTMENT OF PUBLIC WORKS County, ofKaua`i, State of Hawa `i ; 4444 Rice Street, Suite 275, Lniu`e, Hawaii l66 `� ' TEL (808) 241-4992 FAX (808) 241-6604 3w, F i i July 11, 2018 E � a 7 �� Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL EVIPROVEMENT DETERM]NATION TEO CERVANTES INTERIOR REMODEL TUX: {4) 4-9-014:027 Dear Mr. Bittner; The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (501/o) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed interior remodeling to the existing structure. DPW has determined that the proposed remodel does not constitute a substantial improvement. A summary of the calculations follows. Market Value There were no building permits approved for the structure within the past 10 years. Therefore, the market value used in the calculations is the current Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by County's Real Property Assessment Division. The 2018 RCNLD was determined to be $376,000. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer r Cervantes Remodel Shoreline Setback Application — Substantial Improvement Determination July 11, 2018._.-.-.=--__M.--...-.-..._wx-.�w Cast of Improvements The total cost for the proposed renovations and improvements to the existing structure is taken to be the cost estimate of $19,545 that was prepared by Ed Bittner Construction LLC and submitted to the Engineering Division on June 21, 2018. Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $19, 545 — 0.0.0519 or 5.Z% Market Value (Real Property): $376, 000 Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamotoQkauai.gov. Sincerely, Michael Moule, P.E. Chief, Engineering Division SI/BV Concur, tting abata County Engineer Copy: Design and Permitting Planning Teo Cervantes (700 Emerson Ct., San Jose, CA 95126) PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION SSD 201-C - Acce tance Date: a -� Wehsite Posting Date: , Determination Date: I Planning Commission Date: Expiration Date; s~— Planner Assigned; Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A iican�Iufiirmatidn , Applicant: The Gas Company, LLC, dba Hawaii Gas Mailing Address: 3990 nice Street Uhue, Hawaii 96760 Applicant's Status: Check one) Phone: (806) 245-3301 Email: gtakenou@hawaiiges.com Owner of the Property F] Lessee of the Property ✓ Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: May 2, 2018 Project Information '(attach additional shaats,: f npcessaiy) County Zoning District: IndustdaS (General) Qist(ct g-G) Tax Map Key(s): See Attachment "l" Land Area: approx. 1.68 acre Nature of Development: Additional LPG storage facility; Nawiliwili Harbor, Kauai (Description of proposed structure or subdivision NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional 'information, photos and/or documentation. 1. Property is Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline 0 Proposed project's approximate distance from shoreline (based on aerial map): +500 ft 3. Additional Information: Shoreline Change (Erosion/Accretion) Rate: ft./year (Information available here: evrtti_.soest.ha.�ti tii.cdw'coastsikau ticat ntvi'KComm.4)inil) Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: See Attachment 1" - 1 - PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION - a'hf` Typ &p aphy (undulating, flat, slope, etc_) and round elevation of subject parcel (Lowest and f ;Topography is Flat. Ground elevation is about 50•-100 ft above sea level. Shorelinetpe (e.g. beach, dune, rocky, sandy with rocky outcropping, etc Shoreline is technically the mouth of Nawiliwili Harbor per State Surveyor letter of 1-04-2012. Otherwise, nearest waters edge is Nawiliwili Harbor's Pier 2, a man-made concrete pier, ❑ Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): Is property in coastal floodplain (if checked, what zone)? Has this proQert�been subject to coastal hazards i.e. flooding, erosion, tsunami, etc.) i the jnot to applicant's knowledge PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature Sig(jature Date u Apj2licability'(to be completed by Planning De `ar•tment ❑ Setback D2terniation lion nec y. Requirements of Ordinance No. 979 are applicable. 5eSetback i N necessary, ents of Ordinance No. 979 are not applicable. P e - or design e If Part A has been emed at a e ation will b necessary, the addition 1 in ormation will be required for submission of this plicatio . Part B ❑ A non-refundable processing fee of one hundred dollars (b100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) -2- 6121117 PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Exemption Determination ❑ Exemption I In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that; (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. ❑ Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). Eaemption'DEternsination.(to be contrAeted lv Planr! ' Depafinent) ❑ Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure(s) or subdivision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. ❑ Pursuant to §8-27.7 the Kauai County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setback area. While exempt from those shoreline setback determination requirements established under §8-27.8, the proposed structure(s) is subject to the conditions of §8-27.7(b). (See pg. 8) Planning Director or designee Date ❑ Additional comments/conditions: -3- 6/21f17 Attachment " 1 " Protect Information LPG storage tank facility principal Project Parcels tax map keys': • 3-2-004:021 • 3-2-004.022 • 3-2-004:023 • 3-2-004:053 • 3-2-004:016 (por.) Pipeline Parcels (portions of parcels along Waapa Rd affected proposed 8" and 6", or 6" and 4" LPG transmission lines to be constructed to transport LPG from Hawaii Gas' existing LPG storage tank facility at Pier 3 to the proposed Pier 2 storage tank facility): • (4) 3-2-003: 001, 002, 003, 004, 999, and 007 (4) 3-2-004: 008, 018, 019, 034, 039, and 041 State Land Use District: Urban General Plan (Kaua'i Kakou) designation: Industrial and Transportation Hawaii Gas, a public utility regulated by the Hawaii Public Utilities Commission and the largest distributor of liquefied propane gas ("LPG") on Kauai, proposes to construct up to twenty-two (22) mounded LPG storage tanks on the Project Parcels, as shown in Attachment "i1 B". Each 30,000 gallon storage tank can accommodate approximately 25,500 gallons of liquid propane. For a Hawaii Gas project similar to this proposed Pier 2 project, the Planning Department issued Shoreline Setback Determination SSD-2012-28 dated April 24, 2012 in conjunction with Hawaii Gas' application to the Planning Department to install two additional 30,000 gallon LPG storage tanks at Hawaii Gas' existing LPG storage tank facility located at (4) 3-2-003-030 (Nawiliwili Harbor's Pier 3), approximately 1,300 feet away from this proposed Pier 2 project area. The Planning Department's conclusion was that the installation of the two additional LPG tanks was not subject to determination. A copy of the Planning Department's determination is attached as Attachment "j1-01 . In support of this determination, Hawaii Gas submitted memorandum letters dated November 16, 2011 and January 4, 2012. Both are attached as Attachment The same considerations that led to the Planning Department's determination in SSD-2012-28 apply with equal force to the project that's the subject of this shoreline setback application. 1 See Attachment -1- Bernard P. Carvalho, Jr. Mayor Gary K. Hen Managing Director PLANNING DEPARTMENT County of Kaugli, State of Hawaii 4444 Rice Street, Suite A-473, Uhu`e, Hawaii 96766 TEL (808) 241-4050 FAX (808) 241-6699 APR 2 4 2012 THE GAS COMPANY LLC. c/o Glen Takenouchi PO Box 3000 Honolulu, Hawaii 96802-3000 Subject: Shoreline Setback Determination SSD-2012-28 TMK: (4) 3-2-003:030, Nawiliwili, Kauai THE GAS COMPANY LLC., Applicant Michael A. Da4ilig Director of Planning Dee M. Crowell Deputy Director of Planning In accordance with Section 8-27 of the Kauai County Code (1987), as amended, this is.to inform you that the department has processed your Shoreline Setback Application and determined ghat the proposed development will not be affected by coastal erosion and hazards. Therefore, it is not subject to the requirements of Ordinance Nb. 887. Please be cognizant that the subject parcel is situated within the Special Management Area (SMA). Therefore, any new "Development" as defined in Section 1.4 of the SMA Rules and Regulations of the County of Kauai, may require an SMA Permit and if so, the Applicant is subject to all applicable requirements/canditions of the SMA Permit. Additionally, please be advised that further evaluation, requirements, and approvals from pertinent government agencies may also be required prior to development of this property. Should there be any questions, please contact Planner Dale A. Cua of my staff at (808) 241- 4050. MICHAEL A. DAHILIG Director of Planning An Equal Opportunity Employer VA2012 Master Files)RagulatorylShorelipe Related ApprovalslSSDs1S-2012-281APPROVAL-14.20-12 DC SSD-2012.2E GasCompany.doom ATTACHMENT 1-C SHORELINE SETBACK APPLICATION SSD-2012- Receipt date Determination date Tech Planner SSCR-2012 — ® Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) rocks, boulders Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead) Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter) Is property in coastal floodplain (if checked, what zone) Has this property been subject to coastal hazards in the past? (If checked, please describe) X (b) Within 500 feet of Shoreline ApplicabRity (Planning mpartment fUis out) Not subject to Determination This Determination is only applicable to this request for determination of applicability. Setback Director of Ordinance 887 apply, submit A.. -- Date 32912012 Michael A. Dahilig, Planning Director November 16, 2011 Page 2 Upon review of the circumstances surrounding fiasco's Nawiliwili Yard, the history of the coral fill subdivision upon which Gasco's parcel is located, and applicable Hawaii statutes, caselaw, administrative rules, and ordinances, we believe that the Shoreline Setback Ordinance does not apply to fiasco's planned project. Based on this conclusion, we respectfully request your department's written concurrence with our determination. K.C.C. Sec. 8-27.1 "Applicability' states: This Article shall be applicable to all lands within the County of Kaua'i, State of Hawai'i, that are: (a) abutting the shoreline, or (b) not abutting the shoreline but located within five hundred (500) feet of the shoreline unless the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed improvement will not be affected by coastal erosion or hazards, excluding natural catastrophes. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between the shoreline and applicant's property, elevation, and the history of coastal hazards in the area. 1. Gasco's parcel does not abut the Shoreline County real property tax and other maps clearly evidence that numerous parcels of record exist between Gasco's parcel and the constructed rock boulder revetment that the harbor's waters wash up against, and also the mouth of Nawiliwili Harbor.3 Specifically, TNIK nos. 3-2-003-043, -007, -041, -055, -001, and -002 all lie between Gasco's Yard and the described revetment wail and harbor's mouth. That intervening parcels exist between the revetment wall and Gasco's parcel was also noted in a Planning Department staff report which accompanied Gasco's County land use permit application in Spring 1980 for its 250,000 gallon spherical storage tank. Specifically, the report by planner Keith Nitta stated: Relative to Special Management Area Concerns: 6. The proposed development does not abut the shoreline, therefore, will not alter or modify the shoreline by dredging or construction nor will it affect any marine life habitats. 3 See, as to the harbor's mouth, discussion regarding H.A.R. §13-222-16 (b) (13) below. HAGAS COMPAWAShoreline Setback Ordinance Determinationlshoreline Setback Ord Determination Ltr.doc Michael A. Dahilig, Planning Director November 16, 2011 Page 4 Hawaii Administrative Rules ("H.A.R.") §13-222-2 Definitions, which was adopted by the BLNR, concerns shoreline certifications. The definition of "shoreline'4 under this rule mirrors H.R.S. §205A-l's definition of the same term. Critically though, subchapter 3 DETERMINATION OF SHORELINE of H.A.R. chapter 13-22 states at §13-222-16 (b) (13) that: (13) When a shoreline has been permanently altered by the development of a harbor, lagoon, marina, or other water facility, the shoreline shall be at the mouth of the harbor, lagoon, marina, or water facility; provided that this provision shall not apply where the harbor, lagoon, marina or water facility consists of both natural as well as artificial shorelines (i.e., Pearl Harbor). (emphasis added).$ It is undisputed that the natural shoreline in the vicinity of fiasco's parcel, as well as area surrounding it, has been permanently altered by the development of Nawiliwili Harbor. As to the question, "when did this alteration begin and what did it consist of?", a Historical and Cultural Assessment for the Proposed Improvement Project at Nawiliwili Harbor, Nawiliwili Ahupua'a, Island of Kauai (April 2004)6 (the "Historical Assessment") was commissioned by the State Department of Transportation's Harbors Division as part of the division's Final Environmental Assessment for the Segmented Pier 3 Improvements at Nawiliwili Harbor (March 2005). According to the Historical Assessment, land for the harbor was originally sold by Lihue Plantation to the government in 1851. The U.S. River and Harbors Act of 1919 then authorized the construction of a modern harbor at Nawiliwili. Soon thereafter, construction began on the 2,150 ft rubble -mound breakwater near Carter's Point that juts out today into Nawiliwili Bay and provides protection 4 "§13-222-1 Definitions. As used in this chapter unless otherwise clearly indicated: 'Shoreline' means the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves." (emphasis added). 5 A copy of H.A.R. §§13-222-1 through 13-222-17 is attached as Exhibit "3". s See attached Exhibit "4". HAGA5 COMPANYIShoreline Setback Ordinance QeterminationMoreffne Setback Ord Determination Ltr.dec Michael A. Dahilig, Planning Director November 16, 2011 Page 6 "mouth of Nawiliwili Harbor" is the area indicated by the black line in attached Exhibit "5". Here, the question "who is empowered to determine the shoreline?" begs discussion. Although Hawaii's counties may have authority to require stricter shoreline setback lines than established in Part III Shoreline Setbacks of H.R.S. chapter 205� authority to determine the shoreline itself does not lie with the counties; such authority resides in State statute" and administrative rules adopted by the BLNR12. In this case, the BLNR has determined by its adoption of H.A.R. §13-222-16 (b) (13) that the shoreline is the mouth of Nawiliwili. Harbor. Given the preceding statutory and administrative rule provisions, the County possesses no authority in this instance to declare that the shoreline is located anywhere other than across Nawiliwili Harbor's mouth. M. Even assuming, arguendo, that Gasco's parcel is within 500 feet of the "shoreline", the Shoreline Setback Ordinance does not apply because the addition of Gasco's two tanks will be unaffected by coastal erosion or hazards Even assuming, for the sake of argument, that the man-made rock revetment that the harbor's waters wash up against and which is closest to Gasco's parcel is considered the shoreline for purposes of analyzing the applicability of the Shoreline Setback Ordinance to Gasco's project, it is abundantly clear that Gasco's proposed improvement will not be affected by coastal erosion or hazards, excluding natural catastrophes such as hurricanes, tsunamis", and earthquakes. 9 The Surveyor also indicated that his office has no record of any certified shoreline for Nawillwili Harbor. (e-mail correspondence, October 12, 2011, between Galen Nakamura and Reid Siarot). 1tl See H.R.S. §205A-45. " See definition of "shoreline" in H.R.S. §205A-1. 12 See H.R.S. §205A-42. 13 Although tsunamis are natural catastrophes that are not considered in determining whether Gasco's proposed improvements would be affected by coastal erosion or hazards, it bears noting that the subject parcel is located in Zone X, which is outside the tsunami inundation zone according to the Hawai'i National Flood Insurance Program map, (See Hawaii National Flood Insurance Program, Flood Hazard Assessment Tool; accessed 7-28-11, available at: http:l/ais.hawaiinfip.org/FHAT/) H_1GAS COMPANYIShoreline Setback ordinance DeterminationlShorelina Setback Ord Determination Ltr.doc Michael A. Dahilig, Planning Director November 16, 2011 Page 8 Also, Gasco's parcel is about 200 feet from (versus abutting) the nearest coastline, with intervening parcels and miscellaneous structures between Gasco's proposed improvements and the coastline. Given the large, fixed, man- made face of boulders specifically designed to preclude and/or mitigate the effects of coastal erosion or hazards in this area, it is hi hi unlikely that Gasco's improvements would be adversely affected by coastal erosion or hazards. The elevation of the Nawiliwili coral -fill subdivision, of which Gasco's parcel is a part, ranges from approximately 9 feet (mean sea level) along the eastern property line to approximately 13 feet near its center.76 We have found no known history of coastal hazards, excluding natural catastrophes, in this area. Further, the statutory definition of "shoreline" itself suggests that the Shoreline Setback Ordinance is not concerned with the type of improvements that Gasco proposes to construct. Again: "Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. H.R.S. §205A-1. Here, given the artificial rock revetment nearest to Gasco's parcel, there is no upper limit of a natural debris line or vegetation line, or natural upper reach of the wash of the waves at high tide to speak of. There is only an artificial, fixed rock wall that has been constructed to prevent erosion and protect harbor operations. IV. H.R.S. Chapter 205A itself supports the econo!nic obiective of siting _private facilities in suitable locations along Hawaii's coastlines Finally, although the lion's share of discussion by legal treatises and Hawaii's courts concerning HRS chapter 205A involves protection of and access to Hawaii's beaches to preserve the public's right to coastal recreational opportunities, a lesser known, but also stated, economic objective of H.R.S. chapter 205A is to provide private facilities and improvements important to the State's economy in suitable locations. See H.R.S. §205A-2 (b) (5). 15 Nawiliwili Coral Fill Industrial Subdivision, Revised Environmental Impact Statement, State Department of Land & Natural Resources, February 1978. Again, although the parcel's elevation may be low, it is located outside the tsunami inundation zone. (See fn 10 above). HAGAS COMPANYiShoreline Setback Ordinance Determination\Shorelirre Setback Ord Determination Lin doe SxiRAmizu Loo & NA Amu A A LIMITED LIABILITY LAW PARTNERSHIP 4357 RICE STREET, SUITE 201 LIHUE, KAUAI, HAWAII 96766 CURTIS H. SHIRAMIZU LAUREL K. S. LOO TELEPHONE (908) 632-2267/FACSIMILE (808) 440-0399 GALEN T, NA KAMURA January 4, 2012 Mr. Michael A. Dahilig, Director Planning Department County of Kauai 4444 Rice Street, Suite 473 Uhue, Hawaii 96766 Re: Application of Shoreline Setback Ordinance to expansion of The Gas Company's Nawiliwili Propane Tank Storage Farm: TMK No. (4) 3-2-003-030 Dear Mr. Dahilig: This letter supplements and revises our letter dated November 16, 2011 to you regarding the matter above. This letter stated, in part, that: ...the State Land Surveyor ("Surveyor") [said] that in this case Gasco's parcel is within the Nawiliwili Harbor and may be subject to the shoreline for this harbor, which the Surveyor said runs along the outside of the harbor and across the mouth of the harbor pursuant to H.A.R. §13-222-16 (b) (13). The Surveyor also confirmed that the "mouth of Nawiliwili Harbor" is the area indicated by the black line in attached Exhibit "5". After further discussion with the Surveyor, he has slightly revised his opinion regarding the location of the mouth of Nawiliwili Harbor, As described in the enclosed December 14, 2011 letter from the Surveyor, he locates the harbor's mouth as shown by the red line on the exhibit attached to his letter. The Surveyor's opinion leaves unchanged the conclusion that the Shoreline Setback Ordinance does not apply to The Gas Company's tank expansion project, inasmuch as the Surveyor's revised opinion of the shoreline's location continues to leave Gasco's subject parcel more than 500 feet away from the shoreline, as defined by Hawaii Administrative Rules §1 3-222-16(b)(1 3). APr'• LB ss �V q. NEFL ABERCROMBIE Gtl VERNaR tiya=ei�sz+k STATE OF HAWAN DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES P.O. BOX 119. HONOLULU, HAWAI 198B10,0119 December 14, 2011 Mr. Galen T. Nakamura Shiramizu Loo & Nakamura, LLLP Attorneys at Law 4357 Rice Street, Suite 201 Lihue, Hawaii 96766 Dear Mr. Nakamura: Subject: Shoreline at Nawiliwili Harbor JAN S..GOWEIA ACTING Gtl MPTROLLER KERRY K. YONESH[GE ACTING OCPUiY COMPTRO"ER This is in response to your question of where the location of the shoreline is located as to Nawiliwili Harbor. In my opinion, under Hawaii Administrative Rules Section 13-222-1.6(b)(13), the shoreline for Nawiliwili Harbor (Kauai) runs along the upper reaches of the wash of the waves along the exterior of the harbor and across the mouth of the harbor, as shown by the red line across the harbor's mouth on the attached exhibit. Should you have any questions on this application, please call me at 586-0390. Very truly yours, REID K. S� State Land Surveyor Enclosure Nawiiiwili Bay Kauai Hav 31 AREA DUSCMPTION W. y Y z i a1�°P 7uy a�nEf 1N ! , I. � y f Shareline Change Rate (ftlyr( P �yw it ' 6 I Rl f�+ VAI fHISTORICALSHORELINES 4�}-'lye q vlk $i'. - ' r$t.� Sri'tC✓ _ Nininl- - r"'c�^`�'�' >� F i _+� ` .«., _ Point S r I �° IS. r 4 f t {t `1 SHORELINE CKANGE RATES 207 f`= s ,..� A� - M� Nawiliwiilxs, _ j_pp ha sFletche atnvv.Barbve Sia iyL y ,m -.. °-.�.nKataG� i'C 1 dnneuv olm CG I -� I p - ' smoei �I ore, d� Ins i=I„omns - .. 15ttr,E, at Nest ap, Honolvfu, Hl 66b21 U.sa. - p„ 1-1 i , OF hj 11 NEIL ABERCROMBIE GOVERNOR' wrn•sx STATE OF HAWAH DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES P,O, BOX 119, HONOLULU. HAWAI 196810.0119 December 14,.2011 Mr. Galen T. Nakamura Shirarnizu Loo & Nakamura, LLLP Attorneys at Law 4357 Rice Street, Suite 2.01 Lihue, Hawaii 96766 Dear Mr. Nakamura: Subject: Shoreline at Nawiliwili Harbor JAN S. GOUVEIA ACTING COMPTROLLER KERRY K. YONEBMIGE ACTING OEPl1TY CGMPTROLLER This is in response to your question of where the location of the shoreline is located as to Nawiliwili Harbor. In my opinion, under Hawaii Administrative Rules Section 13-222-16(b)(I3), the shoreline for Nawiliwili Harbor (Kauai) runs along the upper reaches of the wash of the waves along the exterior of the harbor and across the mouth of the harbor; as shown by the red line across the harbor's mouth on the attached exhibit. Should you have any questions on this application, please call me at 586-0390. Very truly yours, REID K. Si R T State Land Surveyor Enclosure Hate►sIiwiIi Bay, Kau'ai Hann �Nt` L �rY ' � 5 'a' AN � •l tttt I lt�y E t•'� IAR" OF5CRIPTIO19 i4 p¢ � al-.w c �'• �„�����'-a�`1 { t� r r I sY•~ � F••t � � I L r n 1 4 �L�}`�. p'�� •-- t L } { l �p.N� � ".- }� ya �.K #s3�� -� � yr�-. '--�• � }� [ r..' F I � �J'� °i { 4 � ��r7� rer �' �1L _,,._:Lw +14 R i�'r.' Sh ,� s57 7 I � v'I t i k �1r+ � '�t'��Y ," •�.ti .«=i A � __ — 5 +s y. SS Y - _ If T !. �!I -Y � 9 ' �.� "a._ lYz7F t. L.. �_"�" v",r�,q'i'� i :'G _ — _ _ i rii 3's- 's' �f ! �•1ISY I{ I h''Y '"t'i{.r' I' i .j � S lsorolire CEidrr�o Rate (ftlyr)ri✓gvf'i; y aCl'� t.8 a krl8 r �I k s T>MCtO��° y��3o kP 1k �f� EcUwl '� � - 'ram d• �_;^ "' w Paint ,r' 1 r r tr s - 'le ^'P' N NNW v r a � ate• Rl �F"�@e'• J3. F'i 'stA��`Yf^�� I , dr' ., ' I � `r_i _ .sr �7E' q "� V `! �^a�,y>Y� � _ Now IEwilf � _ � � �-• k("p� Clugllel Fk[.A rs:[lor{Fiir➢ov S��Giry L1 = - - :'. .t a Ka Li a i - '- - �saiwl gl0 en: ar�J [a�e»5mr��a�7a Mdcpf - - SSE�f�Li i1mS9yS ruypi• Y-Ip_9FEl], 413A - - .,. . � S f ti�x 50 d) kq9_ S NEIL AHERCROMSIE cgv�s�Nga � '��rF k STATE OF HAWAII DEPARTMENT OF ACCOUNTING AND GENERAL. SERVICES P.O. BOX 119. HONOLULU, HAWAI.1 9681"119 December 14, 2011 Mr. Galen T. Nakamura Shiramizu Loo & Nakamura, LLLP Attorneys at Law 4357 Rice Street, Suite 201 Lihue, Hawaii 96766 Dear Mr. Nakamura: Subject: Shoreline at Nawiliwili Harbor JAN S. GOUVEIA ACTIN0 GOMP ROLLER KERRY K. YONESHIGE ACr1N6 aepu Y OOMPTROLLRR This is in response to your question of where the location of the shoreline is located as to Nawiliwili Harbor. In my opinion, under Hawaii Administrative Rules Section 13-222-16(b)(13), the shoreline for Nawiliwili Harbor (Kauai) runs along the upper reaches of the wash of the waves along the exterior of the harbor and across the mouth of the harbor, as shown by the red line across the harbor's mouth on the attached exhibit. Should you have any questions on this application, please call me at 586-0390. Very truly yours, RE1D K. S (ARZ State Land Surveyor Enclosure Jody Galinato From: Siarot, Reid K <reid.k.siarot@hawaii.gov> Sent: Wednesday, August 01, 2018 3:13 PM To: Jody Galinato Cc: Kaaina Hull Subject: RE: Nawiliwili Harbor Shoreline Hi Jody, The exhibit is in black and white and I cannot see the red line. However, my interpretation of the shoreline hasn't changed so yes, it's still valid. Reid From: Jody Galinato <jgalinato@kauai.gov> Sent: Wednesday, August 1, 2018 1:57 PM To: Siarot, Reid K <reid.k.siarot@hawaii.gov> Cc: Kaaina Hull <khull@kauai.gov> Subject: Nawiliwili Harbor Shoreline Aloha Reid, I've received a shoreline setback determination application from Hawaii Gas and they have attached this letter from you regarding the shoreline. Since it is from December 14, 2011, 1 wanted to be sure that it is still valid. Could you confirm? Mahalo, Jody GaCtnato Planner County of Kauai Planning Department 4444 Rice Street, Ste. A-473 Lihue, Hi 96766 (808) 241-4050 1 . „ i �� 3} �+�iil/✓4;� � ,yy `��lrt f; j� J, l �� r � 1 ?�N �p, S# \'�, �h 3 ✓c � i y,� 2t R� t r ���i �i � a r � N� .' rm r.v c.'<i i�% ur s i..�T id �I'•�.r�'� t}ram _�,., � t C� a jv"Tof it a' �� r ��,{ �s � s r a, ��r•+e �, - 4t- I � b r fy x4,� < �y it AW S 7 rt �Sq1v Zd�j� ,� s c ry,p 1✓+�°} ���,� 'a S� ✓✓ xi�'�'a r � -`;�f�aid� t,(�1•EyspAbx'.� - ¢f EY krt.n C �'• � ^Y,fi1� 1 AHA W r si; A9G ��" ��t�.�ygi iY � ,r+'•� 1 _ � �"� � e t ._F N9 .1P� 1933 ! NEEL ABERCROMBIE s q GOVERNOR STATE OF HAWAN DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES P.O. EOX 119, HONOLULU, HAWAI 19681"119 December 14, 2011 Mr. Galen T. Nakamura Shiramizu Loo & Nakamura, LLLP Attorneys at Law 4357 Rice Street, Suite 201 Lihue, Hawaii 96766 Dear Mr. Nakamura: Subject: Shoreline at Nawiliwili Harbor JAN S. GOLIVE1A ACTING COMPTROLLER KERRY K. YONESHIGE ACTING OEPU" COMPTROLLER This is in response to your question of where the location of the shoreline is located as to Nawiliwili Harbor. hi my opinion, under Hawaii Administrative Rules Section 13-222-16(b)(13), the shoreline for Nawiliwili Harbor (Kauai) runs along the upper reaches of the wash of the waves along the exterior of the harbor and across the mouth of the harbor, as shown by the red line across the harbor's mouth on the attached exhibit. Should you have any questions on this application, please call me at 586-0390, Very truly yours, E1D K. S AR T State Land Surveyor Enclosure L_ NEIL ABERCROMBIE GOVgRNOq � •. STATE OF HAWAN DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES P.O. BOX 119, HONOLULU, HAWAII 96810-0119 December 14, 2011 Mr. Galen T. Nakamura Shiramizu Loo & Nakamura, LLLP Attorneys at Law 4357 Rice Street, Suite 201 Lihue, Hawaii 96766 Dear Mr. Nakamura: Subject: Shoreline at Nawiliwili Harbor JAN S. GOWEIA ACTING CgM"ROLLER KERFIY K. YONESHME ACTIND DEPUTY COMPTROLLER This is in response to your question of where the location of the shoreline is located as to Nawiliwili Harbor. In my opinion, under Hawaii Administrative Rules Section 13-222-16(b)(13), the shoreline for Nawiliwili Harbor (Kauai) runs along the upper reaches of the wash of the waves along the exterior of the harbor and across the mouth of the harbor, as shown by the red line across the harbor's mouth on the attached exhibit. Should you have any questions on this application, please call me at586-0390. Very truly yours, REID K. it RTT State Land Surveyor Enclosure PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION OR Q FI�IIAL'.U5E "Ql SSD 201_C - Acce tance Date: Website Posting Date: Determination Date: 1 Planning Commission Date: Expiration Date: Planner Assigned: Instructions; File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Par[ D. A 1Licant Irforxn�hun .. , :. . Applicant: The Gas Company, LLC, dba Hawaii Gas Mailing Address: saga Rice street Phone: (808) 245-3301 Lihue, Hawaii 96766 Ismail: gtakenou@hawaiigas.com Applicant's Status: (Check one) Owner of the Property (Holder of at least 75% of the equitable and legal title) Lessee must have at. unexpired and recorded lease of five (5) years or more from the [� Lessee of the Property date of filing of this application. If not, Owners must provide a Letter of Authorization. Attach Letter of Authorization Authorized Agent Transmittal Date; May 2, 2016 County Zoning . Ornlorf Tnflh n inn.(aN'ar.}i aNriitirmal..eheetc ifnereccar¢l - Indust6at (Genera!) € 1stdct (1-G) Tax Map Key(s): See AttaWMent I" Land Area: aoorox. 1.68 acre Nature of Development: Additional LPG storage facility; Nawiliwili Harbor, Kauai (Description of proposed structure or subdivision NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation, 1. Property is Abutting the Shoreline 7 Proposedproject's approximate distance from shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline Z✓ Proposed project's approximate distance from shoreline (based on aerial map): +5oo ft. 3. Additional Information, Shoreline Change (Erosion/Accretion) Rate: ft./year (Information available here: ����iti.west.ba+�aii.edureoast<; ictau�ticc7�Intti lei"ount�.lnnil) 0 Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: See Attachment "I" -1- PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION cat ❑f Topography (undulating, flat, sloe, etc.) and ground elevation of subject parcel (Lowest and F ;Topography is Flat. Ground elevation is about 50-100 ft above sea level. f❑ Shoreline type (e&. beach, dune, rocky, salidLwith rocky outcropping, etc.L Shoreline is technically the mouth of Nawiliwili Harbor per State Surveyor letter of 1-04-2012. Otherwise, i nearest waters edge is Nawiliwili Harbor's Pier 2, a man-made concrete pier. ❑ Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): Is property in coastal floodplain (if checked, what zone)? f Has this property been subject to coastal hazards (i.e. flooding, erosion, tsunami, etc.) in the ,not to applicant's knowledge PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature Sigbature Date A I01i Ito be coin Wed i6y Pliinain D'i 0rfnient ❑ Setback De rmin tion nee Requirements of Ordinance No. 979 are applicable. Setback ter nationr N necessary. eats of Ordinance No. 979 are of applicable. F' a or design e" If Part A has been erred at a e ' tion will b necessary, the addition 1 m ormatian will be required for submission of this a plicatio . Part B ❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (ys8-27.8(e)) ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) -2- 6121/17 PLANNING DEPARTMENT ' SHORELINE SETBACK DETERMINATION Exemption Determination ❑ Exemption I In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section, Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (13) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law, ❑ Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). Exemption Determination [to be eoniMeted by PihtininL 3 eoaft ent7 ❑ Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure(s) or subdivision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. Pursuant to §8-27.7 the Kauai County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setback area. While exempt from those shoreline setback determination requirements established under §8-27.8, the proposed structure(s) is subject to the conditions of §8-27.7(b). (See pg. 8) Planning Director or designee Date ❑ Additional comments/conditions: -3- finul7 Attachment "1" Project Information LPG storage tank facility principal Project Parcels tax map keys': • 3-2-004.021 • 3-2-004:022 • 3-2-004:023 • 3-2-004:053 • 3-2-004:016 (por.) Pipeline Parcels (portions of parcels along Waapa Rd affected proposed 8" and 6", or 6" and 4" LPG transmission lines to be constructed to transport LPG from Hawaii Gas' existing LPG storage tank facility at Pier 3 to the proposed Pier 2 storage tank facility): • (4) 3-2-003: 001, 002, 003, 004, 999, and 007 (4) 3-2-004: 008, 018, 019, 034, 039, and 041 State Land Use District: Urban General Plan (Kaua'i Kakou) designation: Industrial and Transportation Hawaii Gas, a public utility regulated by the Hawaii Public Utilities Commission and the largest distributor of liquefied propane gas ("LPG") on Kauai, proposes to construct up to twenty-two (22) mounded LPG storage tanks on the Project Parcels, as shown in Attachment "` '. Each 30,000 gallon storage tank can accommodate approximately 25,500 gallons of liquid propane. For a Hawaii Gas project similar to this proposed Pier 2 project, the Planning Department issued Shoreline Setback Determination SSD-2012-28 dated April 24, 2012 in conjunction with Hawaii Gas' application to the Planning Department to install two additional 30,000 gallon LPG storage tanks at Hawaii Gas' existing LPG storage tank facility located at (4) 3-2-003-030 (Nawiliwili Harbor's Pier 3), approximately 1,300 feet away from this proposed Pier 2 project area. The Planning Department's conclusion was that the installation of the two additional LPG tanks was not subject to determination. A copy of the Planning Department's determination is attached as Attachment In support of this determination, Hawaii Gas submitted memorandum letters dated November 16, 2011 and January 4, 2012. Both are attached as Attachment The same considerations that led to the Planning Department's determination in SSD-2012-28 apply with equal force to the project that's the subject of this shoreline setback application. See Attachment "W" -I- Bernard P. Carvalho, Jr. Mayor Gary K. Heiu Managing Director PLANNING DEPARTMENT County of Kau4'i, State of Hawaii 4444 Rice Street, Suite A-473, Lrhu`e, Hawaii 96766 TEL (808) 241-4050 FAX (808) 241-6699 APR 2 4 2012 THE GAS COMPANY LLC. c/o Glen Takenouchi PO Box 3000 Honolulu, Hawaii 96802-3000 Subject: Shoreline Setback Determination SSD-2012-29 TMK: (4) 3-2-003:030, Nawiliwili, Kauai THE GAS COMPANY LLC., Applicant Michael A. Dalililig Director of Planning Dee M. Crowell Deputy Director of Planning In accordance with Section 5-27 of the Kauai County Code (1987), as amended, this is to inform you that the department has processed your Shoreline Setback Application and determr.ined that the proposed development will not be affected by coastal erosion and hazards. Therefore, it is not subject to the requirements of Ordinance No. 887. Please be cognizant that the subject parcel is situated within the Special Management Area (SMA). Therefore, any new "Development" as defined in Section 1.4 of the SMA Rules and Regulations of the County of Kaua` i, may require an SMA Permit and if so, the Applicgnnt is subject to all applicable requirements/conditions of the SMA Permit. Additionally, please be advised that further dvaluation, requirements, and approvals from pertinent government agencies may also be required prior to development of this property. Should there be any questions, please contact Planner Dale A. Cua of my staff at (808) 241- 4050. AMWVI-11" MICHAEL A. DAHILIG Director of Planning An .Equal Opportunity Employer W2012 Master ReelRegulalflry1ftrelipe Related ApprovalslSSOs15 2012.284APPROVAL-14-20-12 DC SSD-2012-20 GasCompary.docx ATTACHMENT 1-C SHORELINE SETBACK APPLICATION SSl}2a12- Receipt date Determination date Tech Planner SSCR 2012 — ® Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) rocks, boulders Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead) Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter) Is property in coastal floodplain (if checked, what zone) Has this property been subject to coastal hazards in the past? (If checked, please describe) (b) Within 500 feet of Applicability (Planning Department tills out) Not subject to Determination This Determination is only applicable to this request for determination of applicability. Setback Determbu 'on necessary. Req ' ements of Ordinance 887 apply, submit pplicP— Date 3P_91204 Michael A. Dahilig, Planning Director November 16, 2011 Page 2 Upon review of the circumstances surrounding Gasco's Nawiliwili Yard, the history of the coral fill subdivision upon which Gasco's parcel is located, and applicable Hawaii statutes, caselaw, administrative rules, and ordinances, we believe that the Shoreline Setback Ordinance does not apply to Gasco's planned project. Based on this conclusion, we respectfully request your department's written concurrence with our determination. K.G.C. Sec. 8-27.1 "Applicability' states: This Article shall be applicable to all lands within the County of Kaua'i, State of Hawaii, that are: (a) abutting the shoreline, or (b) not abutting the shoreline but located within five hundred (500) feet of the shoreline unless the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed improvement will not be affected by coastal erosion or hazards, excluding natural catastrophes. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between the shoreline and applicant's property, elevation, and the history of coastal hazards in the area. 1. Gasco's parcel does not abut the Shoreline County real property tax and other maps clearly evidence that numerous parcels of record exist between fiasco's parcel and the constructed rock boulder revetment that the harbor's waters wash up against, and also the mouth of Nawiliwili Harbor.3 Specifically, TMK nos. 3-2-003-043, -007, -041, -055, -001, and -002 all lie between Gasco's Yard and the described revetment wall and harbor's mouth. That intervening parcels exist between the revetment wall and Gasco's parcel was also noted in a Planning Department staff report which accompanied Gasco's County land use permit application in Spring 1980 for its 250,000 gallon spherical storage tank. Specifically, the report by planner Keith Nitta stated: Relative to Special Management Area Concerns: 6. The proposed development does not abut the shoreline, therefore, will not alter or modify the shoreline by dredging or construction nor will it affect any marine life habitats. 3 See, as to the harbor's mouth, discussion regarding H.A.R. §13-222-16 (b) (13) below. HAGAS COMPANYkShoreline Setback Ordinance Determinationk5horeiine Setback Ord Determination Undoc Michael A. Dahilig, Planning Director November 16, 2011 Page 4 Hawaii Administrative Rules ("H.A.R.") §13-222-2 Definitions, which was adopted by the BLNR, concerns shoreline certifications. The definition of "shoreline "4 under this rule mirrors H.R.S. §205A 1's definition of the same term. Critically though,. subchapter 3 DETERMINATION OF SHORELINE of H.A.R. chapter 13-22 states at §13-222-16 (b) (13) that: (13) When a shoreline has been permanently altered by the development of a harbor, lagoon, marina, or other water facility, the shoreline shall be at the mouth of the harbor, lagoon, marina, or water facility; provided that this provision shall not apply where the harbor, lagoon, marina or water facility consists of both natural as well as artificial shorelines (i.e., Pearl Harbor). (emphasis added).5 It is undisputed that the natural shoreline in the vicinity of Gasco's parcel, as well as area surrounding it, has been permanently altered by the development of Nawiliwili Harbor. As to the question, "when did this alteration begin and what did it consist of?", a Historical and Cultural Assessment for the Proposed Improvement Project at NawNwili Harbor, Nawiliwili Ahupua'a, Island of Kauai (April 2004)6 (the "Historical Assessment") was commissioned by the State Department of Transportation's Harbors Division as part of the division's Final Environmental Assessment for the Segmented Pier 3 Improvements at Nawiliwili Harbor (March 2005). According to the Historical Assessment, land for the harbor was originally sold by Lihue Plantation to the government in 1851. The U.S. River and Harbors Act of 1919 then authorized the construction of a modern harbor at Nawiliwili. Soon thereafter, construction began on the 2,150 ft rubble -mound breakwater near Carter's Point that juts out today into Nawiliwili Bay and provides protection 4 "§13-222-1 Definitions. As used in this chapter unless otherwise clearly indicated: 'Shoreline' means the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves." (emphasis added). 5 A copy of N.A.R. §§13-222-1 through 13-222-17 is attached as Exhibit 1". 6 See attached Exhibit -4". H.XGA5 COMPANYMoreline Setback ordinance DeterminationlShorE*ne Setback Ord Determination Ltr.doc Michael A. ©ahiiig, Planning Director November 16, 2011 Page 6 "mouth of Nawiliwili Harbor" is the area indicated by the black line in attached Exhibit "T. Here, the question "who is empowered to determine the shoreline?" begs discussion. Although Hawaii's counties may have authority to require stricter shoreline setback lines than established in Part 111 Shoreline Setbacks of H.R.S. chapter 2Q5A`i", authority to determine the shoreline itself does not lie with the counties; such authority resides in State statute" and administrative rules adopted by the BLNRfi2. In this case, the BLNR has determined by its adoption of H.R.R. §13-222-16 (b) (13) that the shoreline is the mouth of Nawiliwill. Harbor. Given the preceding statutory and administrative rule provisions, the County possesses no authority in this instance to declare that the shoreline is located anywhere other than across Nawiliwili Harbor's mouth. III. Even assuming, arguendo, that Gasco's parcel is within 500 feet of the "shoreline", the Shoreline Setback Ordinance does not apply because the addition of Gasco's two tanks will be unaffected by coastal erosion or hazards Even assuming, for the sake of argument, that the man-made rock revetment that the harbor's waters wash up against and which is closest to fiasco's parcel is considered the shoreline for purposes of analyzing the applicability of the Shoreline Setback Ordinance to Gasco's project, it is abundantly clear that Gasco's proposed improvement will not be affected by coastal erosion or hazards, excluding natural catastrophes such as hurricanes, tsunamis", and earthquakes. S The Surveyor also indicated that his office has no record of any certified shoreline for Nawiliwili Harbor. (e-mail correspondence, October 12, 2011, between Galen Nakamura and Reid Siarot). '0 See H.R.S. §205A-45. " See definition of "shoreline" in H.R.S. §205A-1. " See H.R.S. §205A-42. 13 Although tsunamis are natural catastrophes that are not considered in determining whether fiasco's proposed improvements would be affected by coastal erosion or hazards, it bears noting that the subject parcel is Iocated in Zone X, which is outside the tsunami inundation zone according to the Hawaii National Flood Insurance Program map. (See Hawaii National Flood Insurance Program, Flood Hazard Assessment Tool; accessed 7-28-11, available at: http://gis,hawaiinfip.or /Fc�HAT/) HAGAS COMPAWkShoreiine Setback Ordinance Determination\Shoreline Setback Ord Determination Ltr,doc Michael A. Dahiiig, Planning Director November 16, 2011 Page 8 Also, Gasco's parcel is about 200 feet from (versus abutting) the nearest coastline, with intervening parcels and miscellaneous structures between Gasco's proposed improvements and the coastline. Given the large, fixed, man- made face of boulders specifically designed to preclude andfor mitigate the effects of coastal erosion or hazards in this area, it is highly unlikely that Gasco's improvements would be adversely affected by coastal erosion or hazards. The elevation of the Nawi[iwili coral -fill subdivision, of which Gasco's parcel is a part, ranges from approximately 9 feet (mean sea level) along the eastern property lime to approximately 13 feet near its center.16 We have found no known history of coastal hazards, excluding natural catastrophes, in this area. Further, the statutory definition of "shoreline" itself suggests that the Shoreline Setback Ordinance is not concerned with the type of improvements that Gasco proposes to construct. Again: "Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. H.R.S. §205A-1. Here, given the artificial rock revetment nearest to Gasco's parcel, there is no upper limit of a natural debris line or vegetation line, or natural upper reach of the wash of the waves at high tide to speak of. There is only an artificial, fixed rock wall that has been constructed to prevent erosion and protect harbor operations. IV. H.R.S. Chapter 205A itself supports the economic objective of siting private facilities in suitable locations along Hawaii's coastlines Finally, although the lion's share of discussion by legal treatises and Hawaii's courts concerning FIRS chapter 205A involves protection of and access to Hawaii's beaches to preserve the public's right to coastal recreational opportunities, a lesser known, but also stated, economic objective of H.R.S. chapter 205A is to provide private facilities and improvements important to the State's economy in suitable locations. See H.R.S. §205A-2 (b) (5). is Nawiliwili Coral Fill Industrial Subdivision, Revised .Environmental Impact Statement, State Department of Land & Natural Resources, February 1978. Again, although the parcel's elevation may be low, it is located outside the tsunami inundation zone. (See fn 10 above). H:1GAS COMPANYkShoretine Setback Ordinance DeterminationlShorefine Setback Ord Determination Ltr.doc SHIR izu Loo & NAKwuRA A LIMITED LIABILITY LAW PARTNERSHIP 4357 RICE STREET, SUITE 201 LIHUE, KAUAI, HAWAII 96766 CURTIS H. SHIRAMIZU LAUREL K S. LOO TELEPHONE (808) 632-2267{FACSIMILE (808) "0-0399 GALEN T. NAKAMURA January 4, 2012 Mr. Michael A. Dahilig, Director Planning Department County of Kauai 4444 Rice Street, Suite 473 Uhue, Hawaii 96766 Re:. Application of Shoreline Setback Ordinance to expansion of The Gas Company's Nawiliwili Propane Tank Storage Farm: TMK No. (4) 3-2-003-030 Dear Mr. Dahilig: This letter supplements and revises our letter dated November 16, 2011 to you regarding the matter above. This letter stated, in part, that: ...the State Land Surveyor ("Surveyor") [said] that in this case Gasco's parcel is within the Nawiliwili Harbor and may be subject to the shoreline for this harbor, which the Surveyor said runs along the outside of the harbor and across the mouth of the harbor pursuant to H.A.R. §13-222-16 (b) (13). The Surveyor also confirmed that the "mouth of Nawiliwili Harbor" is the area indicated by the black line in attached Exhibit "5". After further discussion with the Surveyor, he has slightly revised his opinion regarding the location of the mouth of Nawiliwili Harbor. As described in the enclosed December 14, 2011 letter from the Surveyor, he locates the harbor's mouth as shown by the red line on the exhibit attached to his letter. The Surveyor's opinion leaves unchanged the conclusion that the Shoreline Setback Ordinance does not apply to The Gas Company's tank expansion project, inasmuch as the Surveyor's revised opinion of the shoreline's location continues to leave fiasco's subject parcel more than 500 feet away from the shoreline, as defined by Hawaii Administrative Rules §13-222-16(b)(13). oe 'hf{� 1958�`'•*9 r 1 � 35qi NEIL ABERCROMBIE GOVERNOR P,rp•4 STATE OF HAWAI`i DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES P.O. BOX 119, HONOLULU, HAWAN 9681"119. December 14, 2011 Mr. Galen T. Nakamura Shiramizu Loo & Nakamura, LLLP Attorneys at Law 4357 Rice Street, Suite 201 Lihue, Hawaii 96766 Dear Mr. Nakamura: Subject: Shoreline at Nawiliwili Harbor JAN S. GOLIVEfA ACTING COMPTROLLER KERRY K. YONESHIGE ACTING OEPUrY COMPTROLLER This is in response to your question of where the location of the shoreline is located as to Nawiliwili Harbor. In my opinion, under Hawaii Administrative Rules Section 13-222-16(b)(13), the shoreline for Nawiliwili Harbor (Kauai) runs along the upper reaches of the wash of the waves along the exterior of the harbor and across the mouth of the harbor, as shown by the red line across the harbor's mouth on the attached exhibit. Should you have any questions on this application, please call me at 556-0390. Very truly yours, REID K. S A.R6TT State Land Surveyor Enclosure r AREA IDESCRIPSION Tn. nowFwn Be.y atWy Brea Inen�.c>s a-srn w mnroa an wa rtnel mmt.+ N.uu+. 7n¢ ais bound¢&by Ninlni Do Inodnuat antl Cn+lat Poln!b IFe wNhmeei. TM ehwepm is cheramarixotl by by emwll 01 oockal Feochae lnlervpewoe uwrg peaelGc - heatlhntls. werap. we ermnexperiapcin0ewmion alert owraga Meol p,2 Bnr. Thole am Wma Prtd�e[ Lmchas wIIMn Na eludy area. Ka�apel0 Bv¢ch Inaraetls 6-21) iu ioc¢tatl xithin HarrpwlF BaywlM nww CI KuMY Pew. TFla xgan Mme seudy area weutleOnp Bran wropa rnw ¢f 6.6lF'yrc. NiniM 9oad� (lrarrsaW 2] —27} he¢ sxpoxioncetl am5ian of an & p wraps rams.. fl)yr, The nexl Faech hI, N.e2pJ 9vhas eepedenmtlaroslon al & p11.B fliyr. Prouhae Slum' tlk nM ehoreNa. Inv NaW IynF 9ayswaywill enelyzv area Mebvi 0[eea En0lneeiFipontl &a Enpneemp, 199r aeful PaqupiephNNyefoq Caauai EmNm mthe lshrgs. Wuel, Lulolml WieL Meul ana 1pwaLL SbwgNOmaameeol Ooae;eltone NMepemeu[Propram. W _ JF Nlnini Pbint . 9 C. kd A, 1B SB V NEI . ABERCROMBIE pCVE31NpR P STATE OF HAWAII DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES P.O, BOX 11.9, HONOLULU. HAWAI 196810.0119 December 14, 2011 Mr. Galen T. Nakamura Shiramizu Loo & Nakamura, LLLP Attorneys at Law 4357 Rice Street, Suite 201 Lihue, Hawaii 96766 Dear Mr. Nakamura: Subject: Shoreline at Nawiliwili Harbor JAN S. GOUVEIA ACTING CCMPTROLLER KERRY K. YONESHIGE ACTING DEPUTY COMPTROLLER This is in response to your question of where the location of the shoreline is located as to Nawiliwili Harbor. lnI my opinion, under Hawaii Administrative Rules Section 13-222-16(b)(13), the shoreline for Nawiliwili Harbor (Kauai) runs along the upper reaches of the wash of the waves along the exterior of the harbor and across the mouth of the harbor, as shown by the red line across the harbor's mouth on the attached exhibit. Should you have any questions on this application, please call me at 586-0390. Very truly yours, REID K. S ®RTT State Land Surveyor Enclosure �*i ems•, i NEIL AHERCROMBIE , GQVERNQR nn STATE OF HAWAII DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES P.O. BOX 119. HONOLULU, HAWAI'I 96810.0119 December 14, 2011 Mr. Galen T. Nakamura Shiramizu Loo & Nakamura, LLLP Attorneys at Law 4357 Rice Street, Suite 201 Lihue, Hawaii 96766 Dear Mr. Nakamura: Subject: Shoreline at Nawiliwili Harbor JAN S. GOUVEIA ACTING GOMPTRQLLER KERRY K. YCNESHIDE Act— OCPl1TY COMPYRawot This is in response to your question of where the location of the shoreline is located as to Nawiliwili Harbor. In my opinion, under Hawaii Administrative Rules Section 13-222-16(b)(h 3), the shoreline for Nawiliwili Harbor (Kauai) runs along the upper reaches of the wash of the waves along the exterior of the harbor and across the mouth of the harbor, as shown by the red line across the harbor's mouth on the attached exhibit. Should you have any questions on this application, please call me at 586-0390. Very truly yours, REID K. S aRT State Land Surveyor Enclosure Jody Galinato From: Siarot, Reid K <reid.k,siarot@hawaii.gov> Sent: Wednesday, August 01, 2018 3,13 PM To: Jody Galinato Cc: Kaaina Hull Subject: RE: Nawiliwili Harbor Shoreline Hi Jody, The exhibit is in black and white and I cannot see the red line. However, my interpretation of the shoreline hasn't changed so yes, it's still valid. Reid From: Jody Galinato <jgalinato@kauai.gov> Sent: Wednesday, August 1, 2018 1:57 PM To: Siarot, Reid K <reid.k.siarot@hawaii.gov> Cc: Kaaina Hull <khull@kauai.gov> Subject: Nawiliwili Harbor Shoreline Aloha Reid, I've received a shoreline setback determination application from Hawaii Gas and they have attached this letter from you regarding the shoreline. Since it is from December 14, 2011, 1 wanted to be sure that it is still valid. Could you confirm? Mahalo, Jody Garirrato Planner County of Kauai Planning Department 4444 Rice Street, Ste. A-473 Lihue, Hi 96766 (808) 241-4050 1 Y {rERIYs 1 Red Ila ASKS, Qv ' 16 - L� s MAN 20 low Own w PROW ti 4. � 4 1 §% A _ a� s - Q OP17 al c c Z f 1 i y tdy 4i -,n _F 1 TMA ig • - •�''^ Jt�r. r..=i. .3'. f.. _ .. �: : ;� ��'is�.Ii�Ay..-, zsA�;r: �9 PAT yowwo _ f x NEIL AIHERCROMSIE GOVERNGR s 'T n' STATE OF HAWAVI DEPARTMENT OF ACCOUNTING AND GENERAL. SERVICES P.O. BOX 119. HONOLULU. HAWAII 96810-M 19 December 14, 2011 Mr. Galen T. Nakamura Shiramizu Loo & Nakamura, LLLP Attorneys at Law 4357 Rice Street, Suite 201 Lihue, Hawaii 96766 Dear Mr. Nakamura: Subject: Shoreline at Nawiliwili Harbor JAN S. GOl1VEIA 40TiNM COMP ULLER KERRY K. YONESHIGE ACTING O£PIJTY GQWw ROLLER This is in response to your question of where the location of the shoreline is located as to Nawiliwili Harbor. In my opinion, under Hawaii Administrative Rules Section 13-222-16(b)(13), the shoreline for Nawiliwili Harbor (Kauai) runs along the upper reaches of the wash of the waves along the exterior of the harbor and across the mouth of the harbor, as shown by the red line across the harbor's mouth on the attached exhibit. Should you have any questions on this application, please call me at 586-0390. Very truly yours, REID K. SrAR6T State Land Surveyor Enclosure I� NEIL ABERCROMBIE a:tT GOVERNOR y0 I�� STATE OF HAWAN DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES RO. BOX 119, HONOLULU, HAWAII 9661"119 December 14, 2011 Mr. Galen T. Nakamura Shiramizu Loo & Nakamura, LLLP Attorneys at Law 4357 Rice Street, Suite 201 Lihue, Hawaii 96766 Dear Mr. Nakamura: Subject: Shoreline at Nawiliwili Harbor JAN S. GOWEIA ACTING COMPMULLER KERRY K. YONESHIGE ACTING OEPUI COMPTROLLER This is in response to your question of where the location of the shoreline is located as to Nawiliwili Harbor. In my opinion, under Hawaii Administrative Rules Section 13-222-16(b)(l3), the shoreline for Nawiliwili Harbor (Kauai) runs along the upper reaches of the wash of waves along the exterior of the harbor and across the mouth of the harbor, as shown by the red line across the harbor's mouth on the attached exhibit. Should you have any questions on this application, please call me at 586-0390. Very truly yours, REID K. SIAROT State Land Surveyor Enclosure PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 - Acc lance Date: Website Posting Date: Determination Date: • + Planning Commission Date: y` Ex iaaticin Date: Planner Assi ed: Instructions: File all information requested under Part A for processing the Detennination of Applicability (§5-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in fart C. For applications involving a variance, complete Part D. A licant Information Applicant: Joacovi 14. Qk Mailing Address: Q kQ! Rd. Phone: (e Email: VVknLCJ. r A licant's Sixtus: (Check one) 25 Owner of the Property Holder of at least 75% of the equitable and legal title) Lessee of the Property lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this a22iicadon. If not, ilwner(s) must provide a Letter of Authorization. Attach Letter of Authorization Authorized Agent Transmittal Date: in County Zoning District: KDbR`A ©1't h-i C* Tax Map Key(s): q-4-5-OCG-00a -- Land Area: l9G►ctc� a-01. Nature of Development: Si l� - ,.. lu.t �Std�ccc. � ttQ C'a, j� CPt� o k y L4- (Description of proposed �� toCerJ-CA beA%- mA —0--A S-t--tvto� Tres structure or subdivision) dxA t-c +2-s -2- S p-Pe,ctt- in ovw)j, wU NO PERNIITS WILL BE ISSUED WITHOUT PLANNING COrvE IISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (f8-27.1) Checle sill that apply, till in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation, 1. Pro rty is Abutting the Shoreline [] Proposed praject's approximate distance from shoreline (based on aerial neap): � fl, 2. Property is Nat Abutting the Shoreline ® Proposed project's approximate distance from shoreline (based on aerial map): rg�1r' tl. 3. Additional Information: ® Shoreline Change (Erosion/Accretion) Rate: 45 tCPyear (information available here: wives.soest.hawaii.edu/coasts k-auaipnup(ylKCountv..}IIMI) ® Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: 1- ,bid POVA Ay "ad m - 1 - ` PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION L4 M X and Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) e Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): El Is the armorittg, permittediauthorized? Q Date of authorization (attach copy of authorization letter): -,- —1 Is property in coastal iloodplain (if checked, what zone)? — SCl O+kO �) PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. is Signature S' not e ` � f W -w Date Applicability (to be completed by Plauuina'De mrtment) Setbac eter i©ation a ssary. Requirements of Ordinance No. 979 are applicable. Setbac Det m"isecessary. Requirements of Ordinance No. 979 are not applicable. nnine Date IFPart A has beers deemed' t a Tpete mtnation will be necessary, the additional information will be required for submission of this app Part B A non-refundable processing fee of one hundred doilars (S 100.00) shall accompany a request for determination. (§8-27.8(e)) An aerial mapfimage (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. (] Building Permit Number (If building plans submitted) -2- iW2i+i7 PLANNING DEPARTN[ENT SHORELINE SETBACK DETERMINATION Exemption Determination Exemption I In Cases where the proposed structure or subdivision satlsfes the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (13) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 l In cases where the applicatnl can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplam management regulations, special management area requirements under HR5 Chapter 205A and any other applicable rule or law. © Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). Exem tion Determination (it) be completed by Planning Department) Pursuant to4fl-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed struc7antto s) or, subdivision exempt from those shoreline setback determination requirements established under §8-27.8. ElPu 98.27.7 ua`i ounty Code, 1987 as amended, the proposed structum(s) is permitted within the shoreline set eel: arcd. While c m in those shoreline setback determination requirements established under §8-27.8, the pr ose44tr ucture(s) i ubject to the eonditio 27.7(b). (See pg. 8) F ins 'sect or desi a Date ❑ A4ditional c m tsic itions -3- s/zr/1T PLANNING DEPARTMENT SHORELINE SETBACK DETERMINA.TiON Part C Shoreline Setback Determination (§8-27.8) (This docwnent is the request for a shoreline setback structtwe or subdivision determinatio►s fo"n) Please complete this section if you are proposing a structure or subdivision that is not exempt (pursuant to Part 13) and requires a certified shoreline. Determination of applicability (Part A) from the Planning Director shall first be obtained. Certified Shoreline Select the appropriate option. t4 Certified Shoreline ❑ Survey Map (showing Certified Shoreline, Shoreline Setback, and Structure(s) OR Subdivision) ® Average Lot Depth: &R6 1i. ® Setback (Table I o1ZLe-D PA ft. INPO 1 el ❑ Affidavit: Statement of inability to certify shoreline, pursuant to §8-27,3(d) P Planting Director or its designee Date than ❑ Public Projects less than S125,000 Declarution ((§8-27.8(c)(2)) Planning Director or designee I Date Certified Shoreline Required Certified Shoreline Not Regu to the I- Uri%* re-151 how the -4- WjAir PLANNING DEPARTMENT SHORELINE SETBACK VARLANCE Part D Shoreline Setback Variance (§8-27.9) This part is the request for a shoreline setback variance. in addition to the documentation and information requested in Parts A, B, and C, the Applicant applying for a variance is required to submit all required information, per §8-27.9 listed in the checklist below. ❑ A non-refundable administrative fee of three hundred dollars ($300.00). ❑ Certification from the owner or lessee of the lot which authorizes the application far variance; ❑ An environmental assessment and or EIS, if required, prepared in accordance with I•IRS Chapter 343, and the environmental impact statement rules and applicable guidelines of the State of Hawal`i; ❑ The names, addresses, and the tax map key identification of owners of real property situated adjacent to and abutting the boundaries of the land on which the proposed structure or subdivision and/or landscaping is to be located; ar operation is to occur (attach information); ❑ A site plan of the shoreline setback area, drawn to scale, showing: ❑ Existing natural and matt -made features and conditions within; ❑ Existing natural and man-made features and conditions along properties immediately adjacent to the shoreline setback area and proposed improvements; ❑ The certibed shoreline and the shoreline setback line (submitted under Fart B); ❑ Contours at a minimum interval of two (2) feet unless wuived by the Director; and ❑ Proposed development and hnprovements showing new conditions with a typical section (if a structure). ❑ A copy of the certified shoreline survey map of the property (submitted under Part B); ❑ Detailed justification of the proposed project, which addresses the purpose and intent of these rules and the criteria for approval ofavariance (attach written statement); ❑ Analysis and report of coastal erosion rates and coastal processes; and ❑ Any other -information required by the Director (listed below). ___ Any structure approved within the shoreline setback area by variance shall not be eligible for protection by shoreline hardening during the life of the structure, and this limitation and the fact that the structure does not meet setback requirements under §8-27.3 and could be subject to coastal erosion and high wave action shall be written into a unilateral agreement that is recorded by the Bureau of Conveyances of Land Court, as the case may be. A copy of the unilateral agreement shall be submitted to the Planning Department prior to the issuance of the required zoning and/or shoreline setback variance. Failure of the grantor to record these deed restrictions shall constitute a violation and the grantor shall be subject to the penalties set forth in this Article 3. For any structure approved within the shoreline setback area by variance, the Applicant shall agree in writing that the Applicant, its successors and permitted assigns shrill defend, indemnify and hold the County of Kauai harmless front and against any and all loss, liability claim, or demand arising out of damages to said structure and this indemnification shall be included in the unilateral agreement required above. Ei :'7i;7 PLANNING DEPARTMENT SHORE LINE SETBACK INFORMATION Table 1. (This table is included for illustrative purposes only.) Lots included in the Kaua' i Coastal Erosion Study. The distance in feet of the shoreline setback line as measured from the certified shoreline based on the average lot depth in feet. LOTS INCLUDED IN KAUA.`I COASTAL EROSION STUDY Average Lot Depth Setback Line Less than 140 feet (< 140 feet) 40 feet plus (70 X annual coastal erosion rate) plus 20 feet Greater of: 140 feet to 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (140-220 feet) -or- (Average Lot Depth minus 100 feet) + by 2 plus 40 Greater of Greater then 220 feet 40 feet plus (70 X annual coastal. erosion rate) plus 20 feet (>220 feet) ,or-, 100 feet from the certified shoreline View erosion rate maps from the County website at ht€n:!{ww,vv.soest.l►n�v.31i.edu/coasts/kaunicounty/KCou ntv.litm l Table 2. (This table is included for illustrative purposes only.) Lots Not Included in the Kauai Coastal Erosion Study. LOTS NOT INCLUDED IN KAUA`I COASTAL EROSION STUDY Setback Calculation (Average Lot Depth—100/2k40) Subject to the Following: 1 For lots with naturally occurring rocky shorelines, the shoreline setback line shall be no less than 40 feet. 2 For all other lots, the shoreline setback line shall be no less than 60 feet. 3 For all lots, the maximum setback that can be required shall be 1U0 feet. Non -Abutting Lots. If an Applicant is unable to secure permission from the abutting landowner to complete a certified shoreline for a non -abutting lot within approximately five hundred fifty (550) feet of the shoreline, the Planning Director may, pursuant to §8-4.3, impose conditions to zoning permits to increase setbacks where evidence exists that a proposed structure may be affected by coastal hazards or erosion. PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION TA& 3. This table is presented for Exemption 3 (§8-27.7). Permitted Structures within the shoreline setback area (a) The following structures are permitted in the shoreline setback area. All structures and/or landscaping not specifically permitted in the section are prohibited without a variance. (1) Existing conforming and nonconforming structures/activitles (2) Structure or activity that received a shoreline variance or administrative approval prior to February 26, 2008. (3) A structure or activity that is necessary for, or ancillary to, continuation of agriculture or aquaculture existing on the shoreline setback area on June 16, 1989. (d) "Temporary structures" as defined in Section 8.27.2. To ensure that there will be no irreversible or long-term adverse effccts, the Director shall require as a condition of a permit the restoration of the site to its original condition or better, and the Director may require a bond to ensure such restoration. (5) A structure that consists of maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or water sports recreational facilities, which are publicly owned, and which result in no interference with natural beach processes, provided that permitted structures may be repaired, but shall not be enlarged within the shoreline setback area without a variance. (6) Repairs to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs do not enlarge, add to or expand the structure, increase the size or degree of non -conformity; or intens14 the use of the structure or its impact on coastal processes; (B) The repairs do not constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodp lain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. (7) Beach nourishment or dune restoration projects approved by all applicable governmental agencies. (8) A structure approved by the Director as a minor structure. (9) Qualified demolition ofexistingstructures. (10) Unmanned civil defense facilities installed for the primary purposes or. (i) warning the public of emergencies and disasters; or (H) measuring and/or monitoring geological, meteorological and other events. (11) j Scientific studies and surveys, including archaeological surveys. (12) Structures built by a governmental agency to address an emergency as declared by the Governor of the State of Hawaii, the Mayor of the County of Kauai or any other public official authorized by the law to declare an emergency. (13) Structures relating to flat productions that have received a County Revocable Film Permit. Structures undertaken ror film productions must be removed within thirty (30) days following the completion of the film production. .(14) Structures required for remedial and removal actions undertaken pursuant to Chapter 128D ofthe Hawaii Revised Statutes. -7- Wr./27 PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION (b) The following conditions shalt apply to any new structure permitted in the shoreline setback area: (1) All new structures shall by constructed in accordance with the standards for development in Chapter 15, Article 1, Flood Plain Management, Kauai County Code 1987, as amended, relating to coastal high hazard districts and FEMA guidelines regarding construction in areas mapped on Flood Insurance Rate daps as flood hazard areas. (2) The applicant shall agree in writing that the applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazard and coastal erosion. (3) The applicant shall agree in writing for itself, its successors and assigns that the Construction of any erosion - control or shoreline hardening structure and/or landscaping shall not be allowed to protect the permitted structure during its life, with the exception of approved beach or dune nourishment fill activities, and landscape planting and irrigation located more than forty feet (40') from the shoreline. (4) Unless otherwise provided, all new structures and/or landscaping shall not: (A) adversely affect beach processes, (B) artificially fix the shoreline, (C) interfere with public access or public views to and along the shoreline, (D) impede the natural processes and/or movement of the shoreline and/or sand dunes, or (E) alter the grade of the shoreline setback area. (5) All new structures shall be consistent with the purposes of this article and UIRS Chapter 205A, as amended, and shall be designed and located to minimize the alteration of natural landforms and existing public views to and along to the shoreline, (6) The requirements of this Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under Section 8-27.8. A copy of the recorded unilateral agreement shall be fited with the Director and rho County Engineer no later than forty -rive (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. .g. s�;xr�x r"s� t ��-'3Ey��'..�;[ �yyy� �.� fe � %7frp.r £ jht� ro; •a too. 1 "* MAP r `_?uJ..�f�4 ��a.,[ g^: ro y�'EZs s• e q .s`; - s E !E t< MASAI - �MIA A �� ��� � ^se��.�r �" �7��'i" r � � a a' v r -i 1r r'�, a >� ✓ - E �,� t i; "C'�. .. ar'� %_5�.,�r•n-+m� - .e. .:5�•w;.f _� +.�:`sar .E f..:.rv+..r. ,<r,>:.�5_Y . _ __. ,:r YO •;,#' .n�. - 3r q yyy - T 9 - r5rtri Y" : %. r §Vn 64 jaMPx M HORAX 1138 MOAxAK& ROAD XAPAA, H! 96746 July 6, 2016 County of Kauai Please consider this an authorize the law firm of Shiramizu Loa & Nakamura, LLLP, to act on my behalf relating to land -use applications for my property located at 1139 Moanakai Road, (4) 4-5-002- 002, Units A and B, including but not limited to a Shoreline Setback Application and SMA and zoning permits. Thank you. 3ots�eph M. Horak Trustee of the Joseph M. Horak Trust 3> c tic s' 0 D 4 Zoom * m �1zmmr� zoom �Y�yPanby fiat Zoom TA: Cenhran e�a�u "�iid If��Area pp t "g archj ounly l Aron K auk \1Hsntl Into .Pared - Pared: Maestro I_=.1 Tool Page 3 I' i- Kauai County makes every effort to produce the most accurate Information possible. No warranties, expressed or implied, are provided for the data herein, its use or Interpretation. The assessment information Is from the 09'09S f us 91f"L) oz � OS-tl b 1'li'OS 6LL'III k3d0 f f 1N3W3'73 1-314343593 NQWWQ'} f HORAK RESIDENCE es 4-5-2:2 W KAPAA, KAUAI, Hi HORAK RESIDENCE 4 - 5 - 2: 2 KAPAA, KAUAI, HI rri r- rn C n O z HORAK RESIDENCE 4 - 5 - 2 : 2 KAPAA, KAUAI, HI PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OMCIAL USE. ONLY: . SSD 201 - J Acceptance Date: Website Posting Date- : 1 Determination Date: r Planning Commission Date: Expiration Date: Planner Assi ed: Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information Applicant: MARRIOTT KAUAI OWNERSHIP CIO DEBBIE FREEMAN Mailing Address: 306 KIHAPAI STREET Phone: a08-346-7833 KAPAA, HI 9674a Email: permitservice@gmall.com Applicant's Status: Check one) Owner of the Property (Holder of at least 75% of the equitable and legal title) Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this a plication. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization ✓ Authorized Agent Transmittal Date: Project Information. (attach additional sheets, if necess: County Zoning District: Tax Map Key(s): (4) 3-5-002: 002 Land Area: Nature of Development: INTERIOR RENOVATIONS TO EXISTING HOTEL/TIMESHARE UNITS. (Description of proposed TOTAL232 UNITS structure or subdivision NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1. Property is Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): 13B ft. (EXHI BIT A) 2. Property is Not Abutting the Shoreline 7 Proposed project's approximate distance from shoreline (based on aerial map): 3. Additional Information: Shoreline Change (Erosion/Accretion) Rate: ft,/year (EXHIBIT B) (Information available here: www.soest.hawaii.edu/coasts/Icauaicou=/KLgggtxhimD ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel.- - I - PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION ZrTopography (undulating, flat, slope, etc.) and ground elevation of (ZONE X WITH SMALL PART AE, ELEVATION 9' IN] 107 0 ■ Shoreline type (c.g. beach, dune, rocky, sandy with rocky outcropping, etc.) SANDY BEACH (EXHIBIT A) and Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): Is property in coastal floodplain (if checked, what zone)? EXHIBIT C) Has this property been subi ect to coastal hazards (i.e. flooding, erosion, tsunami, etc.) in the PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signatur /JZ & e� L Signature Setback Det9rmina 0 Requirements of Ordinance No. 979 are applicable. ❑ Setback Dation is cessary. Requirements of Ordinance No. 979 are not applicable. Z�n I �r �- L,Q=' 8 - I I I �— P g re r designei Date If Part A has been domed the a JeteTtr+ °`tion will be necessary, the additional information will be required for submission of this au lication. Part B ❑ A non-refundable processing fee of one hundred dollars ($100.06) shall accompany a request for determination. (§8-27.8(e)) ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) -2- 6/21/17 PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Exemption Determination Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (13) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. EJ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ZExemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: ❑■ (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (l3) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive .Zoning Ordinance, Development Plans, building code, #loodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. 0 Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-272 (If applicable, will require valuation of project). Exem tion Determination (to P!Sompletedby Planning De aK!men! Pursuant to -2 3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure or subdivision(s) as e empt from those shoreline setback determination requirements established under §8-27.8. Pursu t to §8- 7.7 the Kau i oun Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setbac ' area. ile exempt f those shoreline setback determination requirements established under §8-27.8, the propos st cture(s) is subject t e conditions of 7(b). (See pg. 8) BB Pla Direct)jr A de i ' ee Y Date -3- 6121117 M/\Rn IOTT VAC TINS WOnLDWIDE i am April 13, 2018 TO: Department of Public Works County of Kauai 4444 Rice Street, #175 Lihue, Hl 96766 Attn: Planning Division Building Division RE: Marriott's Kauai Beach Club and Resort — 232 Timeshare Villas 3610 Rice Street Lihue, HI 96766 To Whom It May Concern, The above project is being submitted for required permits by our Authorized Agent, Debbie Freeman and Associates, or SHA, in preparation for an upcoming renovation to our existing 232 timeshare villas. The renovation consists of replacement of finishes, furnishings, sprinkler head replacement in existing locations, and replacement in kind and in existing locations of villa balcony sliding glass doors and balcony hand rails. SHA has been contracted by Marriott Ownership Resorts/Marriott Vacations Worldwide on behalf of the Villa Owner's Association and the Association of Apartment Owners of the Kauai Beach Club and Resort to perform the scope of work. As such and in that they are by this letter our Authorized Agent for the purposes of permitting, please allow them to proceed accordingly with the permitting process. Should you have any question or concerns, feel free to contact me at ioanne.costello@mywc.com or call me directly at O: (407) 206-6487 or C: (407) 913-2190. Sincerely, MARRIOTT OWNERSHIP RESORTS MARRIOTT VACATIONS WORLDWIDE foanne Costello Senior Project Director 6649 Westwood Boulevard Orlando, Florida 32821 Bernard P. Carvalho Jr. Mayor Wallace G. Rezentes Jr. Managing Director DEPARTMENT OF PUBLIC WORKS County of Kaua.`_l,._State_of Hawai`i... _..... 4444 Rice Street, Suite 275, Lihu'e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 July 23, 2018 Debbie Freeman 305 Kihapai Street Kapa`a, HI 96746 Lyle Takata Acting County Engineer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION KAUA'I MARRIOTT RENOVATION TO EXISTING UNITS (NOUNOU) TMK: (4) 3-5-002:002 Dear Mrs. Freeman; The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed renovations to 20 units located in the Nounou Building of the Kauai Marriott Resort. The Nounou Building is a multistory structure with 29 units. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value Within the current ten year cycle, the earliest building permit was approved in 2008, Therefore, the market value used in the calculations is the 2008 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. The 2008 RCNLD was determined to be $4,398,400. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii, and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer h,Etll:! i '\idl-ViO{{' ..' 1;!lil iil `s 'tlii l: lil. .Si?ure' iliw ?'Ti?ilLl� .'�`.}lUll��Eli.i(111 - Eili�lU!!El:t� �illi�i'4,i'ti4'il1�i T f }t'ri:i'lllill:l3Jii11 Cost of Improvements The cost of improvements for previous building permits is taken to be the valuation shown in DPW Building Division records. The total cost for the proposed interior renovations to 20 units in the Nounou Building; was submitted to the Engineering Division on May 3, 2018. A Contractors Affidavit was submitted to the .Engineering Division on July 13.2018. The cost was estimated to be $432,000. The total cost for the past ten years is summarized as follows: ------- ----------------------.- ;------------------- ----- Value of Previous $1-i 091 337 Improvements (2008-2018) - -------------- --------------------------- Value of Current Building $432,D00 Permits ' TOTAL $1,523,337 - Summary The cost of improvements compared to the market value is (Nounou Building): Cost oflrnprovements (past 10 years): $1,523,337 Market Value (RCNLD): $4.398,400 = 0.3463 or 34.6% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information. contact Stanford Iwamoto at (808) 241-4896 or siwamotolaikauai.gov. Sincerer, �. � MICHAEL MOULE, P.E. Chief, Engineering Division Copy: Design and Permitting Planning Co11Cur, YLE TABA`rA cting County Engineer Bernard P. Carvalho Jr. Mayor Wallace G. Rezentes Jr. Managing Director DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, Uhu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 July 23, 2018 Debbie Freeman 305 Kihapai Street Kapa`a, HI 96746 Lyle Tabata Acting County Engineer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION KAUA'I MARRIOTT RENOVATION TO EXISTING UNITS (KILOHANA) TMK: (4) 3-5-002:002 Dear Mrs. Freeman; The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed renovations to 102 units located in the Kilohana Building of the Kauai Marriott Resort, The Kilohana Building is a multistory structure with 111 units. DPW has determined that the proposed improvements do not c9ristitute a substantial improvement. A summary of the calculations follows. Market Value Within the current ten year cycle, the earliest building permit was approved in 2008. Therefore, the market value used in the calculations is the 2008 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. The 2008 RCNLD was determined to be $16,604,300. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii, and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer ''•LaUU'7 - i`.1it111l1t_! i filt f;tli i. `lhitl'dlll,�, Sf:!?,Il'k `��jF7;ltiflliill7 �lll?t,lll`.ffll ill7�)I'U`,wll7_Eil �)+�'i4!'7ililitlt!t�l; Cost of Improvements The cost of improvements for previous bE>ildina permits is taken to be the valuation shown in DPI' Building Division records. The total cost for the proposed interior renovations to 102 units in the Kilohana Building was submitted to the Engineering Division on May 3, 2018. A Contractor's Affidavit was submitted to the Engineering Division on July 13, 2018. The cost was estimated to be $1,737,060. The total cost for the past ten years is summarized as follows: -------------- -- ---------------------- - --------- ---------- Value of Previous $4,703,744 Improvements (2008-2018) ----------------------- ---------------- Value of Current Building $1,737,060 Permits ----------------- ---------------------, TOTAL $6'' 44Q 804 ' -------------------------------------------- ----------1 Summary The cost of improvements compared to the market value is (Kilohana Building): Cost of Improvements (past I0 years): $6,440,804 Market Value (RCNLD): $16,604,300 =.379 d1 3�3-rY% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamotorr kauai.gov. Sincere, MICHAEL MOULE, P.E. Chief, Engineering Division Copy: Design and Pennitting Phuming oncur, LIB TABATA ting County Engineer Bernard P. Carvaiho Jr. Mayor Wallace G. Rezentes Jr. Managing Director DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Dice Street, Suite 275, Lhu`e, Hawaii 96766 TEL (808) 2414992 FAX (808) 241-6604 July 23, 2018 Debbie Freeman 305 Kihapai Street Kapa`a, HI 96746 Lyle Tabata Acting County Engineer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION KAUA`I MARRIOTT RENOVATION TO EXISTING UNITS (WAI`ALE`ALE) TMK: (4) 3-5-002:002 Dear Mrs. Freeman; The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building cornmences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed renovations to 21 units located in the Wai`ale`ale Building of the Kauai Marriott Resort. The Wai`aie`ale Building is a multistory structure with 21 units. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value Within the current ten year cycle, the earliest building permit was approved in 2008. Therefore, the market value used in the calculations is the 2008 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. The 2008 RCNLD was determined to be $2,643,900. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii, and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer i•.�1j I ! ' Iai-riol'% t'A ,I; zit iiiti i I!!i! R4:;Io' dl0!'��IiIL' �s=it'?CiC!'; :"1�3f)li�{l�!ill - .1lfl'ri�;iillf(iI i!i1�71'�)�CElI�:?li i)Cl'�i'!StlllEl!1�.��f }I -Ik 23, 2010" Cost of Improvements The cost of improvenrents for previous building pem--iits is taken to be the valuation shown in DPW Building Division records. The total cost for the proposed interior renovations to 21 units in the Wai'ale'ale Building was submitted to the Engineering Division on May 3, 2018. A Contractors Affidavit was submitted to the Engineering Division on July 13, 2018. The cost was estimated to be $436,220.40. The total cost for the past ten years is summarized as follows: --------------------------------------t--------------- ------------, Value of Previous $689,587 Improvements (2008-2018) - ----- Value of Current Building $436,220 Permits TOTAL $1,125,807 Summary The cost of improvements compared to the market value is (Wai'ale`ale Building): Cost of Improvements (past 10 years): $1.1.25,807 Market Value (RCNI.D): $2,643,900 0.4258 or 42.6% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto(iLkaiiai.gov. Sincerely, MICHAEL MOULE, P.E. Chief, Engineering Division Copy- Design and Permitting Planning Concur, L LE TABATA Acting County Engineer Bernard P. Carvalho Jr. Mayor Wallace G. Rezentes Jr. Managing Director DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street; Suite 275, Llhm`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 July 23, 2018 Debbie Freeman 305 Kihapai Street Kapa` a, HI 96746 Lyle Tabata Acting County Engineer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION KAUA'I MARRIOTT RENOVATION TO EXISTING UNITS (KAHILI) TMK: (4) 3-5-002:002 Dear Mrs. Freeman; The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten-(10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed renovations to 89 units located in the Kahili Building of the Kauai Marriott Resort. The Kahili Building is a multistory structure with 193 units. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value Within the current ten year cycle, the earliest building permit was approved in 2008. Therefore, the market value used in the calculations is the 2008 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. The 2008 RCNLD was determined to be $16,596,200. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii, and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer i' : ia' l M'.!I'i-ioti i itl}if" i fifi i� 'i!t?. �tift[.)I'i:�lt7c ��tb:ti:��. iiili)ilt:Aili?il -- :�ti1).�ii111lEilE �111�71'Cilcti1:11€ I-)ti,tC'I'Itlillitll4}!I Cost of Improvements The cost of improvements for previous b€€ilding permits is taken to be the valuation shown in DPW Building Division records. The total cost For the proposed interior renovations to 89 units in the Kahili Building was submitted to the Engineering Division on May }. 2018. A Contractor's Affidavit was submitted to the Engineering Division on July 13, 2018. The cost was estimated to be $2,198,300. The total cost for the past ten years is summarized as follows: ---------------------------------i---------------------+ -----, Value of Previous $3 797 258 Improvements (2008-2018j '-------------------------------;---------------------------, Value of Current Building $2,198,300 Permits TOTAL---------------------------$5,495,558 - - Summary The cost of improvements compared to the market value is (Kahili Building): Cost of Improvements (past 10 years): $5,995,558 Market Value (RCNLD): $16,596,200 0.3613 or 35.1 Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto cr.kauai.g_ov. Sincere,, MICIIAEL MOULE, P.E. Chief, Engineering Division Copy: Design and. Permitting Planning Concur, LE TABATA ing County Engineer Marriott Kauai Resort TMK (4) 3-5-002.002 Interior Renovation to Exisitng Units Sunstanttat improvement Uetermtnatton Value of Previous Value of Current I Value of Total ! Percentage Substantial Building Improvements Building Permit Improvements $1,125,807 12008 Building Value! $2,643,900i Improvement 42.58% Wai'ale'alel. $689,587 $436,220 Kilohana $4,703,744 $1,737,060� $6,440,804 _ $1,523,337 $5,995,5581- $16,604,300i $4,398,400� - $16,596,200 38.79% 34.63% -� --36.13% Nounou $1,091,337 $432,000' Kahill ; $3,797,2581 $2,198,300 86OL-94 OV'ZLL`OZ$ £L£ alt/,91v.!aM LZOOZOOZOOs£ LZ L6o L-8 L Ot7'ZLL`OZ$ L L£ al'd,ald,!aM ozoozoozo05£ oZ 960 L-8 L Ot,' ZLL `OZ$ 60£ 91V,GIV.!aM 6 L OOZOOZOOs£ 6 L 960 L-8 L Oi7'ZLL`OZ$ LO£ alV,aIV.!P-M 8 LOOZOOZO09C 8 L t760 L-8 L Ot7' ZLL `OZ$ 90£ 91V,91b',!aM L L OOZOOZO09£ L L £60 L-8 L Oi7'ZLL `OZ$ £0£ alv.al` dem 9 LOOZOOZ005£ 9 L Z60 L-8 L 0VZLL`OZ$ LO£ 91b491V.!eAA s LOOZOOZOOs£ s L L60 L-8 L Oi7'ZLL'OZ$ £ LZ alb`,aIV.!aM VOOZOOZOOs£ VL 060 L-8 L Otr'ZLL'OZ$ L LZ alv.alv.!aM £ LOOZOOZOOs£ £ L 680 L-8 L Ot7'ZLL`OZ$ 60Z alb`,ald,!aM Z LOOZOOZO09£ Z L 980 L-8 L Ot7'ZLL'OZ$ LOZ a11H,91b4!aM L Loozoozoos£ L L L80 L-8 L Ot7'ZLL`OZ$ soz alv,alv.!aM 0 LOOZOOZOOs£ 0 L 990 L-8 L Ot7'ZLL`OZ$ £OZ al'd,alb,!aM 6000ZOOZ009£ 6 980 L-9 L ot7'ZLL`OZ$ LOZ al ald,laM 8000ZOOZooS£ 8 V80 L-8 L Ot7'ZLL`OZ$ £ L L ald,al`d,!aM LOOOZOOZOOs£ L £8o L-8 L Ot7'ZLL`OZ$ L L L 9[V,91b',!aM 9000ZOOZO09£ 9 Z90 L -8 L OV-ZLL `OZ$ 60 L alH,al'd,!aM 9000ZOOZO09£ s L 80 4-8 4 Ot7' ZLL `OZ$ LO L al`d,al'd,!aM V000ZOOZo09£ V 080 L-8 L Ot7' ZLL `OZ$ 90 L alb'191WEM £OOOZooz00s£ £ 6L0 L-9 L Ot7'ZLL`OZ$ COL alb',alt/,!aM z000zoozoos£ z 8LO L-8 L Ot7'ZLL`OZ$ LO L alb',aIV.!aM LOOOz00Z00s£ L # 11WN3d ;!un as }soo uog3najsuo3 # i!un woos Buipl!n8 aagwnN Iaaaed 4uno3 iiun trZ L L-s L 0o'0£0'L L$ 9£9 eue4ol!N LVOOZOOZO09£ Lt7 £zLL-8L 00'O£0'LL$ ££5 eue4ol!N Mozooz009E 9t7 Zz L L-s4 00'0£o'L L$ Z£9 eue4ol!)l 9voozoozoo9£ 9V LZ L L-s L 00'0£O'L L$ 6Z9 eue4ol!)i vVooZ00Z0o9E irtr OZL L-84 00-o£o`a$ 8Z9 eUe4ol!>i £vOOZOoz009£ £t7 6 4 L L-8 L 00'0£O'L L$ 9Z9 eue4ol!N Ztr0ozooz009E zv 8 L L s L 00'0£0'L L$ t7Z9 eue4ol!>i MozooZ009£ L17 L L L L-8 L 00'0£0'L L$ Lz9 eue4ol!>i ovooz00Zoo9£ 0v 94 L L-8L 00'O£0'LL$ OZ9 eue4ol!>I 6COOZOOZO09£ 6£ 9 L L L-S L 00'0£0'L L L 9 eue4ol!>I 8£oozoozoo9£ ss V L L L-8 L 00'o£0'L L$ M eue4ol!)i LCOOZOOZ009£ LE £ L L 9 L Oo'0£0'L L$ 9£t, eue4ol!>l 9£oozo0Zoo9£ 9E Z L L L-8 L 00'O£o'L L$ ££t' eue4ol!)I 9£Ooz00Zo09£ 9£ L L L L-9 L 00'0£o'L L$ Z£t;l eueyol!N vsoozoozoo90 t78 0 L L L-8 L 00'OEO'L L$ 6Zt7 eue4ol!)i E£o0Z00z009£ ££ 60 L L-s L 00'0E0'L L$ BZtr eue4ol!>l z£Oozoozoo9£ Z£ 801 L-8 L 00'0£0`L L$ 9Ztl eue4ol!>I L£OOZ0oZ009E L£ LO L 9 L 00'O£0'L L$ ibzt? eue4ol!-i 0000zoozoo9£ o£ 90 L L-8 L 00'0£0'L L$ LZV eue4ol!)i 6ZOOZOOZO09£ 6Z 90 L L-S L 00'o£0'L L$ ort, eUe4ol!N 9zoozooz009£ sZ Vo L L-s L 00'0£0'L L$ L LV eue4ol!>I LZOOZOOZO09C LZ EO L L-8 L 00'0£0'L L$ 9 LV eue4ol!>I 9Zo0Z00Z009E 9z ZO L 9 L 00'O£0'L L$ 9££ eus4ol!ai 9Zoozoozo09£ 9Z LO L L-s L 00'0£0'L L$ £EE eue4ol!)4 vzo0Z00zo09£ tlz OO L S. 00'OEo'L L$ ZEE eueyol!>l £zoozoozoo5£ £z 660 L-8 L 00,0£0'L L$ 6ZE eue4ol!)i zzoozoozoo9£ zz # liWM3d isoo uogon.gsuoD # mun LU00H Buipiins .jegLunN IaaJed junoo mun Z9 L L-s oo'o£o`L L$ 5Z8 eue4ol!)i 9LOOZOOZ009Z 9L LS L L-8 L 00'0£0`L L$ eue4ol!)f tL00ZOOZO09£ t7L 09 L L-S L 00'0£o`L L$ LZ8 eue4ol!)I £LOOZOOZO09£ £L 6KL -8 L 00'O£0`L G$ OZ8 eue4ol!)i ZLOOZOOZO09£ ZL 8t4 L-S L 00'0£0`L L$ L LS eue4ol!>l ILOOZOOZO09£ LL LIVL L-S L 00'O£0`L L$ 9L8 eue4ol!)I OLOOZOOZ009£ OL 9VL L-8L 00'0£0`LL$ 9£L eue4ol!N 690OZOOZO09£ 69 9#? 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NEN LLZOZOOZ009C �£Z bL01-81- 00'OOL`1?Z$ 986 !I!ge)i 9LZOZOOZOOS£ 0£Z £LOB-e OO'OOL`JbZ$ £86 !1!14ey1 9LZOZOOZ009C 6ZZ LLOL-9G 00'00L`t;lZ$ L86 !I!ue)l VLZOZOOZ009C OZZ ZLO L-8 L 00'OOL`t?Z$ 6L6 !I!ge>i £LZOZOOZ009C LZZ bLu-n 00-OOL`tbZ$ LL6 !NeN ZLZOZOOZ005£ 9ZZ BASEI4LAP. FIRMA B.ASEM40 sg°M� W yFo,9say,. Flood Hazard Assessment Report www.hawaiinfp.org KALAPAKI MARRIOTT Property Information Notes: COUNTY: KAUAI TMK NO: (4) 3-5-002:002 WATERSHED: NAWILIWILI PARCEL ADDRESS: 3610 RICE ST UHUE, HI 96756 Flood Hazard Information FIRM INDEX DATE: LETTER OF MAP CHANGE(S): FEMA FIRM PANEL: PANEL EFFECTIVE DATE: SPECIAL FLOOD HAZARD AREAS (SFHAs) SU8IECT TO INUNDATION BY THE 1% ANNUAL. CHANCE FLOOD - The 1% annual chance flood (100- year), also know as the base Road, is the flood that has a 1% chance of being equaled or exceeded In any given year. SFHAs include Zane A, AE, AH, AO, V, and VE. The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance Rood. Mandatory flood insurance purchase applies in these zones: Zone A: No BFE determined. Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Sloping terrain); average depths determined. NOVEMBER 26, 2u1D NONE 1500020328E Zone v: Coastal flood zone with velocity hazard (wave action); no 8FE determined. Zone VE: Coastal flood zone with velocity hazard (wave action); BFE determined. NOVEMBER 26, 2010 Zone AEF: Noodway areas in Zane AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. THIS PROPERTY IS WITHIN A TSUNAMI EVACUTiON ZONE: YES FOR MORE INFO, VISIT: http://www.sed.hawaii,gov/ TH;S PROPERTY 15 WITHIN A DAM EVACUATION ZONE: YES (KA-0145) FOR MORE INFO, VISIT: http://dlnreng.hawaii.gov/dam/ 0 400 800 ft Disclaimer, The Hawaii Department of Land and Natural Resources (DLNR) assumes no responsibility arising from the Use, accuracy, completeness, and timeliness of any information contained in this report viewerslUsers are responsible for verifying the accuracy of the information and agree to indemnify the DLNR, its officers, and employ- ees from any fiabliky which may arise from its use of its data or information. If this map has been identified as 'PRELIMINARY; please note that it is being provided for informational purposes and is not to be used for flood insurance rating. Contact your county floodplain manatder far flood zone determhw- tions to be used for compliance with local floodplain management reguiotions. NON -SPECIAL FLOOD HAZARD AREA - An area in a low-Lo-moderate risk flood zone. No mandatary flood insurance purchase requirements apply, but coverage is available in participating communities. ®Zone X5 (X shaded): Areas of 0.2%annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annuai chance flood. Zone X: Areas determined to be outside the 0.2%annual chance floodplain. I OTHER FLOOD AREAS I Zane 0: Unstudied areas where flood hazards are undetar- mined, but flooding is possible. No mandatory flood Insurance purchase apply, but coverage is available in participating commu- nities. EXHIBIT C PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FQR QFPICI`9I: LiSE ij1vLY, ; . SSD 20113- I i Acceptance Date: Website Posting Date: - d Determination Date: ' Planning Commission Date: + Expiration Date: Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability (§ 8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Applicant: HONUA Enginee Address: PO Box 851 ana Applicant's Status: (Check one Owner of the Property ❑ Lessee of the Property U Authorized Agent Transmittal Date: County Zoning District: , Inc. - Brian M. Hen Phone: Email: (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization I M) AGIOPEN Tax Map Key(s): (4) 4-7-07:10 Land Area: 5.581) Nature of Development: Farm Dwelling & Accessory Structures (Description of proposed Structure of subdivision NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. ❑ Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: X❑ Properties Not Abutting the Shoreline © Project's approximate distance from shoreline: 370' ± ® Additional Information: + ® Closest distance of improvement(s) from Shoreline is approximately 370 — ft. XD Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: - Lot 29-13, Oceanfront property 1 7JZ61 �i PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR'Q ICIAL USE ONLY: . SSD 201 - Acc tance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: ❑ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) Slope Elevation - 100" to 40' MSt_ 0 Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Rocky Shore ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? X❑ Has this property been subject to coastal hazards in the past? (If checked, please descr If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to § 8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under § 8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature - I �' Signature Date liCOO (to �OlPo d , c04tnae at) Setback Dete 'nation necopfl Requirements of Ordinance No. 979 apply, submit fall application. 1 Date 2 M6/1s PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination A non-refundable processing fee of one hundred dollars ($I00.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or WE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. 471 4 Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to § 8-27.2 Pursuant to §8-273 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposods cture(s) or subdivision(s) as exempt from those shoreline setback determination required established and §8-2 .8. 9 91 Date 2126115 Honua Engineering, Inc. Ching Young Center, Suite Q P.O. Box 851 Hanatei, HI 96714 (P) 808 826 7256 (F) 808 $26 7745 August 8,2018 County of Kauai Planning Department 4444 Rice Street, Suite 473 Lihue, HI 96766 Scab, Shoreline Sdback Determinalion MD) for Lot I A Reefia Kai Suite ion, Reefid, Kamai, Hasmi'l TMK (Wft Div.) 4-7-07.-10 To Whom It May Concern: Tim is to inform you that the undersigned is the owner of the subject parcel of land and hereby authorize Brien M. Hennessy of Honda Engineerin& Inc. to act as the authorized agent for the subject application: before the Planning Department. Property Owner: Name Warren L. Owens Address 18881 Fairhaven Ave. Santa Ana, CA. 92705 / C>//?— e 4 Project No. 5780 FLANNINO DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL, USE ONLY: SSD 201 7-- Acceptance Date: 1 Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: PIanner Assigned - Nil v Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information __ __ _ - ---_ --- -- - Applicant: - -- - _ .-, aun,, _ u Mailing Address: 4906 VVEKE RD. Phone: Email: inta@ hanalel beach Maw= Applicant's Status: (Check one) Owner of the Property (Holder of at least 75% of the equitable and legal title) Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization J Authorized Agent Transmittal Date: additional sheets, if County Zoning District: `pull Tax Map Key(s): Land Area: Nature of Development: Main HesitlenCge: Repair undermined footings, slab; repair cols., (Description of proposed flooring,cracks in slab/walls, etc. structure or subdivision) ADU: Repair undermined foundation only NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8.27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1. Pro erty is Abutting the Shoreline varies -+7Q, Proposed roject's approximate distance from shoreline (based on aerial map). ft. 2. Property is Not Abutting the Shoreline nProposed project's approximate distance from shoreline (based on aerial map): ft. 3. Additional information: accA.3'lyr. Shoreline Change (Erosion/Accretion) Rate: it./year (information available here: www.soest.hawaii.edu/coasts/kauaicounty/ICCcuntv.htnil) Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: - 1 - 0 Shoreline rz�s-R-rrm FLANNING DEPARTMENT SHORELINE SETBACK APPLICATION etc.) and ground elevation of subject parcel (Lowest and Highest elevations with ❑ Artificially armored Shoreline ]If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): !s property in coastal floodplain (if checked, what zone)? VE Has this property been subject to coastal hazards (i.e. flooding, erosion, tsunami, etc.) in the Mh—a "J n PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature Date ApphLcati& (to be completed by Planning Department) Setback tas e ' ination necessary. Requirements of Ordinance No. 979 are applicable. Setbac De "rmina s NOT necessa uirement of Ordinance N ❑ �r .R s O an a o. 979 are not applicable. ctor o _ signee Date If Part A has been geeme� that Dr6brmina#ion will be necessary, the additional information will be required for submission of this a nlica on. Part B A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ® An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. Building Permit Number (If building plans submitted) -2- Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ® Exemption 2 �. c —r a _ e appmtrate proposed structure or subdivision will not affect 660i processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ® Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal, processes; (B) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under BRS Chapter 205A and any other applicable rule or law. �✓ Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). Determination (to be Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure(s) or subdivision(s) as exempt from those shoreline setback determination requirements established under § 8-27.8. [� Purs adnt to §8-27.7 the Kauai County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline se ack are W l xe from those shoreline setback determination requirements established under §8-27.8, the p oposed tructure( iAsubject to the con�8-27.7(b). (See pg. 8) or L lulllLlulll: p 11Jv,18`� 14 4 Date n0i fo r- --fi I -3- County of Kauai State of Hawaii "I Nathan Hamar the owner of two residences at 4906 Weke Road, hereby authorize Avery Youn , Architect, to apply for all building, zoning, SSd and/or SMA permits necessary to repair damages incurred from the April 15, 2018 flood. if you have any questions please call me at 415-410-3025. Thank you, a K Flood Hazard Assessment Report . www.hawaiinfip.org HAMAR Property InformaUD-n dotes: COUNTY: KAUAI TMK NO: (4) 5-5-001:012 WATERSHED: HANALEI PARCELADDRESS: 4906 WEKE RD HANALEI, HI 96714 Flood Hazard Information FIRM INDEX DATE: NOVEMBER 26, 2010 LETTER OF MAP CHANGE(S): NONE FEMA FIRM PANEL: 15000211055E PANEL EFFECTIVE DATE: SEPTEMBER 16, 2005 THIS PROPERTY 15 WITHIN ATSUNAMI EVACUTION ZONE: YES FOR MORE INFO, VISIT: http://www.scd.hawaii.gov/ THIS PROPERTY 15 WITHIN A DAM EVACUATION ZONE: NO FOR MORE INFO, VISIT: http-.//dlnreng.hawaii.gov/dam/ 0 40 80 ft Disclaimer: The Howall Department of Land and Natural Resources (DLNR) assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are responsible for verifying the accuracy of the information and ugree to indemnify the OLNR, its officers, and employ- ees from any liability which may arise from its use of its data or information. if this map has been identified as 'PRELIMINARY', pleose note that it Is being provided for informational purposes and is not to be used for flood insurance rating. Contact your county floodplain manager for flood zone determina- tions to be used far compliance with locaf floodplain management regulations. SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100- year), also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. 5FHAs -include Zone A, AE, AH, AO, V, and VE. The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance purchase applies in these zones: Zone A; No BFE determined. ZameAE:13FEdetermined. Zone AH; Flood depths of 1 to 3 feet (usually areas of pondingl; BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined. Zane VE: Coastal flood zone with velocity hazard (wave action); BFE determined. Zone AEF; Floodway areas in Zane All. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON -SPECIAL FLOOD HAZARD AREA - An area in a low -to -moderate risk flood zone. No mandatory flaod insurance purchase requirements apply, but coverage is available in participating communities. ®Zone XS (X shaded): Areas of 0.2%annual chance flood, areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Zone X: Areas determined to be outside the 0.2% annual chance floodplain. I OTHER FLOOD AREAS I Zane D: Unstudied areas where flood hazards are undeter- mined, but ffeading is possible. No mandatory flood insurance purchase apply, but coverage is available in participat ng commu- nities. NVERY YOUN, ARCHITECT 4-1579 KUHIO HIGHWAY RM. 211 KAPAA, HI 96746 averyyoun@gmail.com PH. (808) 246 9414 July 22, 2018 TO: Mr. Michael Dahilig, Planning Director 4444 Rice St. Lihue, Hawaii ATT: Dale Cua Jody Galitano RE: 1. SHORELINE SETBACK APPLICATION: 2. SMA DETERMINATION FOR: NATHAN HAMAR 4190 WEKE ROAD HANALEI, KAUAI, HAWAII TMK: 5-5-01:12, UNIT 1(Main Residence) 5-5-01: 12, UNIT 2 (Additional Dwelling Unit) Dear Sir, Attached herewith is an application for an SSD for the subject lot above. which contains a main residence and an ADU, both of which were subjected to severe damage from the April 15, 2018 flood, and of which permits for repairs are being applied for. Also requested is an SMA Determination, for the purpose of exempting minor..repairs to a portion of the foundation on the ADU, and for bringing in fill material to replace the areas of the site eroded by the flood. The repairs are described as follows: 1. Main Residence: Portions of the existing foundation, which includes the grade beam, column footings and concrete slab, were undermined by flood waters. A new concrete stem wall approximately 3 feet deep will function as a grade beam, along the existing footings on the east and west sides of the structure. It will be constructed below grade, and will tie in to the existing grade beam(s) initially constructed. Other repairs include new concrete slab on the destroyed portion of the structure, new flooring, drywall, flooring, electrical receptacles, etc. will also be performed. No increase in size is proposed to the existing footprint or floor area is proposed, only re -construction of the original residence. Also,1,209 c.y. of fill material is needed to bring the site back to its original grade. 2. Additional Dwelling Unit: Only minimal repairs(s) is necessary for this building; a total of three column footings were affected by erosion, which occurred up to it but not undermined. To prevent stability and any future flooding, the proposed work involves connecting these 3 footings with grade beams (12' w x 18"d). Approximately 20 c.y. of fill material (part of the 1,209 c.y. totaI above) is needed to backfill these footings. The grade beam will be constructed below finish grade also and will not be visible. Since the improvements to the main residence are exempted from SMA requirements, a determination is being requested to exempt the fill material also, to replenish the site back to its original condition. Relative to the ADU, the same determination is being requested to install the grade beam to connect and stabilize three of the eroded footings on the east side of the structure. Should any additional information be needed, please do not hesitate to contact me at 639 7999. bmitted, AverVi Authred AVERY YOUN, ARCHITECT 4-1579 KUHIO HIGHWAY RM. 211 KAPAA, H196746 av�oun@Email.com PH. (808) 246 9414 July 22, 2018 TO: Dept. of Public Works, Engineering Division 4444 Rice St. Lihue, Hawaii ATT: Stanford Iwamoto RE: SHORELINE SETBACK APPLICATION; SUBSTANTIAL IMPROVEMENT DETERMINATION FOR. N`AT-HAN-HAMAR 4190 WEKE ROAD HANALEI, KAUAI, HAWAII TMK: 5-5-01: 12, UNIT 1(Main Residence) 5-5-01: 12, UNIT 2 (Additional Dwelling Unit) Dear Mr. Iwamoto, In compliance with the Planning Department's determination to disqualify these residences from the "Emergency Permit" process, the subject project is therefore not exempt from the requirements of the Shoreline Setback Determination and the Special Management Area Rules and Regulations. We therefore request a substantial improvement determination letter for each of the two residences above. The purpose of this project is to repair damages to the two residences, caused by the April 15, 2018 flood, and described as follows: 1. Main Residence: Portions of the existing foundation, which includes the grade beam, column footings and concrete slab, was undermined by flood waters. A Substantial Improvement Determination letter is requested from your Department. The following information is provided to assist you in making this determination and concluding that the proposed work will not be considered a "substantial improvement", in that the cumulative costs of the improvements over a 10 year period does not exceed 50% of the market value of the existing structure as provided by the Real Property Tax Division. 2. Additional Dwelling Unit: Only minimal repairs(s) is necessary for this building; a total of three column footings were affected by erosion, which occurred up to it but not undermined. To prevent stability and any future flooding, the proposed work involves connecting these 3 footings with grade beams (12' w x 18"d). The Real Property Division's assessed values and the Contractor's cost estimates are as follows: RP Assessed Value Contractor's Cost Est. 1. Main Residence: $9,696,400.00 $215,100.00 2. Additional Dwelling Unit: $4,494,700.00 $7,800.00 A separate estimate was provided for sitework, since 1,209 cy of material need to be brought in to Fill the erosion areas created from the flood. This estimate amounts to $144,500.00, There has not been any additional permits taken out for this property over the last 10 years. The construction cost estimates indicate that the improvement costs for the work proposed will not exceed the 50% maximum costs allowable for the work. Therefore, a conclusion that the construction within the subject property is not considered "Substantial Construction", would be deeply appreciated. Should any additional information be required, I can be reached at (808) 639 7999. Al , P.e. „n, t e, ;sect a 11A}4b �.L 7/17/2018 gpubiic9.gpublic.net/hi_kauai_display.php?county=hi_kauai&KEY=550010120001 rf'r r, rrl I� W--101 s xecenc sates in Net noornooa Previous Parcel Recent Sales in Area rce Next Pal Return to Main Search Pa a g— Kauai Home Owner and Parcel Information HAMAR,NATHAN S / Fee Owner Owner Name/ Type HAMAR,NANCI A / Fee Owner Today's Date July 17, 2018 Show All Owners -and Addresses Mailing Address PO BOX 296 HANALEI, HI 96714 Parcel Number 554010120001 Location Address 4906 WEKE RD Project Name "HANALEI BEACH HOUSE"CONDO Tax Classification VACATION RENTAL Parcel Map Shove Pareel Map: Neighborhood Code 5514-1 Land Area (acres) 0.4567 Legal Information UNIT 1 HANALEI BEACH HOUSE CM 2237 Land Area (approximate sq ft) 19,979 Assessment Information Show Historical Assessments Year Tax Total Market Classification Value Total Assessed Value Total Exemption Total Net Taxable Value 2018 VACATION RENTAL $ 9,696,400 $ 9,696,400 $ 0 $ 9,696,400 ...._.ImproVement.Information... Year Buifit Effective Year Built Living Area Bedrooms/Full Bath/Half Bath Sketch o/u Complete 2002 2002 2,149 11211{EtG�FBuliCitll, Other Building_ and Yard Improvements Description Quantity Year Built Area 0/0 Complete WOOD DECK RAILING 1 2002 109 Permit Information Date Permit Number Reason Permit Amount 06/18/2001 0100000837 ADDITIONAL DWELLING UNIT $ 97,500 03/05/2001 00-2852 DWG $ 517,400 Sales Information Sale Date Price Instrument # Instrument Type Instrument Description Date Recorded Document # Cert # Book/Page_ Conveyance Tax Documemk Type 02/12/2013 $ 0 DECLARATION 04/14/2014 T-8869228 535057 Current Tax Bill Information 201S ] ax Payments Show Historical Taxes Tax Period Description Original Taxes Tax Net penalty Interest Other Amount Due Date Assessment Credits Tax Due 2018-1 Real Property Tax 08/20/2018 $ 47,754.78 $ 0.00 $ 47,754.78 $ 0,00 $ 0.00 $ 0.00 $ 47,754.78 2018-2 Real Property Tax 02/20/2019 $ 47,754.77 $ 0.00 $ 47,754.77 $ 0,00 $ 0.00 $ 0.00 . $ 47,754.77 Tax Bill with Interest computed through 07/31/2018 $ 95,509.55 $ 0.00 $ 95,509.55 $ 0.00 $ 0,00 $ 0.00 $ 95,509.55 Recent Sales in 19 n Area orhavd i Recent Sales n Area Previous Parcel Next Parcel Return to Main Search Pa a Kauai Home — The Kauai County Tax Assessor's Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided For the data herein, its use or interpretation. Website Updated: July 17, 2018 © 2016 by the Kauai County Tax Assessor's Office { Website design by gpublic.net http:llgpublic9.q public.netlhi_kauai_display.php?county=hi—kauai&KEY=550010120001 1 /1 7/17/2018 gpublic9.gpubiic.netlhi_kauai_display.php?KEY=550010120002& -:ru i rf�i f �f1 ! ICI �T iFt jar r! :i• i Recent Sales in Neighborhood Recent Sales in Area Previous Parcel Next Parcel Owner and Parcel Information Owner Name/ Type Mailing Address Location Address Tax Classification Neighborhood Code ....... ..... Legal Information HAMAR,NATHAN 5 / Fee Owner HAMAR,NANCI A / Fee Owner Shaw All Owners and Addresses PO BOX 296 HANALEI, HI 96714 4906 WEKE RD VACATION RENTAL 5514-1 UNIT 2 HANALEI BEACH HOUSE CM 2237 Today's Date Return to Main Search Page Parcel Number Project Name Parcel Map Land Area (acres) Land Area (approximate sq ft) Assessment Information Show Historical Assessments July 17, 2018 Kauai Home 550010120002 "HANALEI BEACH HOUSE"CONDO SFi:owtParaei Map, 0.0848 3,696 Tax Total Market Total Assessed Total Year Classification Value Value Total Exemption Net Taxable Value 2018 VACATION RENTAL $ 4,494,700 $ 4,494,700 $ 0 $ 4,494,700 Your Bullit Effective Year Built Living Area Bedrooms/Full Bath/Half Bath Sketch c/a Complete 2002 2002 saa 2/2/0 Sl�tc€i3ulldlrj'1 Other Building and Yard Improvements Description Quantity Year Built Area 0/6 Complete No information associated with this parcel. Permit Information Date Permit Number Reason Permit Amount 06/16/2001 0100000837 ADDITIONAL DWELLING UNIT $ 97,500 03/05/2001 00-2852 DWG $ 517,400 Sales Information Sale Date Price Instrument # Instrument Type Instrument Description Date Recorded Document # Cert # Book/Page Conveyance Tax Document Type 02/12/2013 $ 0 ❑ECLARATION 04/14/2014 T 8869228 535057 Current Tax Bill Information 2018Tax Payments Show Historical Taxes Tax Period Description Original Due Date Taxes Assessment _ .. Tax Credits ....... ... ..... . Net Tax Penalty Interest Other Amount Due 2018-1 Real Property Tax 08/20/2018 $ 22,136.40 $ 0.00 $ 22,136.40 $ 0.00 $ 0.00 $ 0.00 $ 22,136.40 2018-2 Real Property Tax 02/20/2019 $ 22,136.40 $ 0.0❑ $ 22,136.40 $ 0.00 $ 0.00 $ 0.00 $ 22,136.40 Tax Bill with Interest computed through 07/3112018 $ 44,272.80 $ 0.00 $ 44,272.80 $ 0.00 $ 0.00 $ 0.00 $ 44,272.80 Recent Sales in Neighborhood Previous Parcel Next Parcel Return to Main Search Page Kauai Home Recent Sales in Area — The Kauai County Tax Assessor's Of c-e makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. Website Updated: 7uly 17, 2018 0 2010 by the Kauai County Tax Assessor's Office I Website design by gpublic.net l http://gpubl ic9.q public.netlhi_kauai_display. php?KEY=550010120002& 1 /1 KIKIAOLA CONSTRUCTION COMPANY Conscientious Builders, Old Building Specialists dba 5TRUCTURE f IOUER5 MA\dAj1 Light Industrial, Commercial, Residential, Site Work Structure Moving, Crane and Lifting Services Contractor's License Number BC-20520 PROPOSAL NO.4522,2000 To: Nathan Hamar ADDRESS: info@HanaleiBeachHouse.com DATE: July 22, 2018 PREPARED BY: Mike RE: Improvements to Guest House (ADU) Foundations Exposed by Flooding We are pleased to submit the following proposal for: Foundation Improvements as follows: Foundation Improvements (per plans by Avery Youn) $7,800 River side of Guest House only. Install grade beam to connect three existing spot footings. Conditions: 1. This is a preliminary planning budget 2.Add GE Tax at 4.16% 3. Note: There is no damage to the structure, and flooding did not enter dwelling unit. This work is only improvements to the existing foundations. 4. Backfill and Sandbagging is covered under Site Work quote. Thank you for considering our services. Kikiaola Construction. Company, Limited Michael A Faye President and RME Voice (808) 338-0021 & Fax (808) 338-1427 P.Q. Box 849 ^ 9250 Kaumualii Highway o Waimea, Kauai Hawaii 96796 SMOBSVehs I-BiddingMeke - Hamer Residence 201 BWLTiaola Quote 4522 Hamer ADU 180722.dwx KIKIAOLA CONSTRUCTION COMPANY Conscientious Builders, Old Building Specialists dba 5TRUCTURE MOUER5 HAWAII Light Industrial, Commercial, Residential, Site Work Structure Moving, Crane and Lifting Services Contractor's License Number BC-20520 PROPOSAL No. 452Z.1000 . To: Nathan Hamar ADDRESS: info@HanaleiBeachHouse.com DATE: July 22, 2018 PREPARED BY: Mike RE: Repairs to Single Family Residence Damaged by Flooding We are pleased to submit the following proposal for: Foundation Repairs and Repairs to house as follows: Foundation Repair (per plans by Avery Youn) $102,600 Covers Areas 1 to 3 Structural Repairs $14,500 Roof and Gutter repairs $5,000 Exterior Closure $10,000 Rebuild Downstairs Breakaway walls $15-1000 Stucco Repairs $30,000 Trim work & Cabinet Repair $15,000 Flooring Repairs and Finishes $3,000 Plumbing $10,000 Electrical $10,000 Total $215,100 Conditions. 1.This is a preliminary planning budget 2. Add GE Tax at 4.160 Thank you for considering our services. Kikiaola Construction Company, Limited Michael A Faye President and RME Voice (808) 338-0021 & Fax (808) 338-1427 P.O. Box 849 0 9250 Kauznualii Highway • Waimea, Kauai Hawaii 96796 SMOBSUobs 1-BiddingNcke - Hansar Residence 2011MIciaola Quote 4522 Haman SFR 180722.doez Bernard P. Carvalho Jr. Mayor Wallace G. Rezentes Jr. Managing Director Nathan S . Hamar P.O. box 296 Hanalei, HI 96714 Lyle 'O:ata Acting County Engineer DEPARTMENT OF PUBLIC��ggW� �� ;�0 County of Kauai, State of'i awai Y 4444 Rice Street, Suite 275, Lgiu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 2414 4 _, August 10, 2018 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION NATHAN HAMAR 4906A WEKE ROAD TMK: (4) 5-5-001:012, UNIT 1 (Main Residence) (4) 5-5-001:012, UNIT 2 (ADU) PW 07.18.121 Dear Mr. Hamar, The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start 'of construction of the first improvement during that. ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed alterations and renovations to the existing structures. DPW has determined that the proposed renovations do not constitute a substantial improvement. A summary of the calculation follows. Market Value There were no building permits approved for the two structures within the past 10 years. Therefore, the market value used in the calculations is the current Replacement Cost New Less Depreciation (RCNLD) value for the structures as determined by County's Real Property Assessment (RPA) Division. The 2018 RCNLD was determined to be $708,000 for the Main Residence and $207,800 for the ADU. If the owner chooses to dispute this value, then an appraisal of the structure roust be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). ,[n Equal Opportunity Employer Historical shoreline positions are measured et along the shoreline. These sites are denoted shore -perpendicular transacts. Changes in th of the shorelines through time are used to calr Shoreline change rates (fffyr) at each transact Annual shoreline change rates are shown on t shore -parallel graph. Red bars on the graph ii trend of beach erosion, while blue bars indicat• Of accretion. Appro)dmately every fifth transec of the graph is numbered. Where necessary, i have been purposely deleted to maintain cons. not consecutive-everywhere.—'rha.mtes are sa alongshore using a 1-3.5-3-1 toohnfque [anon rate differences an adjacontiransects. Nathan. Hangar F 3 Shoreline Setback Application — Substantial Improvement Determination r August 10, 2018.._ Cost of Improvements The total cost of improvements was taken to be the costs for the proposed foundation repairs/alteration and renovation work to the existing structures. The cost estimate prepared by Kikiaola Construction Company and submitted to the Engineering Division on July 25, 2018 provided costs of $215,100 for the Main Residence and $7,800 for the ADU. Summary The cost of improvements compared to the market value is: Main Residence - Cost of Improvements (past 10 years): $21 S, 000 0.303b or 30% Market Value (Real Property): $708, 000 — Cost of Improvements (past 10 years): $7, 800 Real Property):= 0.0375 or 3.7% Market Value ($207,800 Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto(cr�,kauai.gov. Sincerely, ichael Moule, P.E. Chief, Engineering Division SAGO Copy: Design and Permitting Planning Avery Youn Concur, t Tabata Acting County Engineer VICINITY MAP NOT TO SCALE DG?(1 iI:('T 01-1 t of KMALM ( i—ki oI WAIMEA OISIIiCI Oi L1Nu5 Mrlm o; KOLOA ISLAML Or KAUAA V. - iPROJECT n 'Z-•4-..#. f; — r �: LOCATION T�v1K: (5) 5-5-001:012 I . T. M K M A P NOT TO SCALE LOT. 56 PROPOSED FOUNDATION REPAIR T 271rVa .263.07 1 , { EROQ D ARFA r 2 I 2,734 SQ. FT. y Qf �f I Ii f � I C3 I E XI TING y LOT- 55 � I I � E15Ell H r-E � 1 75.E SO. Fr. I (2.:,4Za SQ. r. fdFET AMk) m C3 I ! �w w o Zvi � f { tel R = y Z—Z e m m @4`2o, 24 SITE PLAN (EXISTING) SCALE: 1 "=20'—O" APPROXIMATE AREA OF WASHOUT PROPO.SED FOUNDATION REPAIR ! i �¢ 0 L z Lij 0 0 IL. F r p 0 �- U W SHEET 1/4 n 0 J < ..I cn Q C11 g oo z c? 0—, u T L1 l O 0 Z>m !L �— Zt PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION SSD 201 AccgetanceDate: X -1 ZI ►10 Website Posting Date: It Determination Date:&-110174 Planning Commission Date: Planner Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Applicant: Brian M. Hennessy - HONUA Engineering, Inc. Address: Po BO—X-95T—Phone: (MU) 826-12bb Hanalei, HI. 96714 Email: brian honuaen ineerin .corn Applicant's Status: Check one ❑ Owner of the Property (Holder of at least 75% of the equitable and legal title) ❑ Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of #4M of this application. If not, Owner(s) must provide a Letter of Authorization. ® Authorized Agent 1 t *1c etter ofAuthor zzation Transmittal Date: County Zoning District: OPEN Tax Map Key(s): (4) 5-5-05:18 Land Area: 15,224 SQ. FT. Nature of Development: Individual Wastewater System Upgrade from cesspool and building (Description of proposed remodel. Structure of subdivision _ NO PERMITS WILL BE ISSUED WITHOUT PLANNING CONBUSSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any bog checked must be accompanied by additional information, photos and/or documentation. ❑ Properties Abutting the Shoreline:.;,17 ❑ Project's approximate distance from shoreline: X❑ Properties Not Abutting the Shoreline X❑ Project's approximate distance from shoreline: 150 ® Additional Information: 0 Closest distance of improvement(s) from Shoreline is approximately 150 ii, Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and tW tercel: ni (1) Waioli Paris fronts the property - SEE EXHIBIT _ 2/26I15 Honua Engineering, Inc. Ching Young Center, Suite C7 P.O. Box 851 Hanalei, Hi 96714 (P) 8o8 826 7256 (F) 8o8 826 7745 May 2, 2018 County of Kauai Planning Department 4444 Rice Street, Suite 473 Lihue, HI 96766 Subject: Shoreline Setback Determination (SSD) for Lot 11, Waioli Beach Lots at Hanalei, Kauai, Hawaii TMK (4th Div.) 5-5-05:.18 To Whom It May Concern: This is to inform you that the undersigned is the owner of the subject parcel of land and hereby authorize Brian M. Hennessy of Honua Engineering, Inc. to act as the authorized agent for the subject application before the Planning Department. Signature Property Owner: Name Deborah B. Manoogian Address /I'f E' E%Z! E a?�E Phone 'Z'13 -,2s! —Loe ;Z7 S/3 0l d' Date Project No. 6014.1 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION SSn 201 - Acceptance Date: Website Posting Date: Date: Date: K❑ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) '--Flat-Eev.13 X❑ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): 0 Is property in coastal floodplain (if checked, what zone)? X ❑ Has this property been subject to coastal hazards in the past? (If checked, please describe If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signature Setback �/ L/f � necessary. Requirements of Ordinance No. 979 apply, submit full application. ector or Ilesignee y r Ct--ril-,6 i gA.)s Date �0, �0 w�, 2126115 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination X❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination, (§8-27.8(e)) ❑ Exemption I In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shah be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. xemption 2 In cases where the applicant can. demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 _j Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the 8 tur (4awbdivision(s) as exempt from those shoreline setback determination required established or Date 2/26/3S Ws _f €f4-5 :fFfy 1 '- Ap f _ _— oogle Earth Aerial Photo N . �_. 300 it ._ Bernard P. Carvalho Jr. Mayor Wallace G. Rezezites Jr. Managing Director DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawi 4444 Rice Street, Suite 275, Ljhu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 E3a` August 10, 2018 Deborah Maaoogian 118 E Erie St., Unit 28E Chicago, IL 60611 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION DEBORAH MANOOGIAN 5514 WEKE ROAD TMK: (4) 5-5-005:018, Maim Residence and Additional Dwelling Unit Dear Ms. Manoogian, 9 Lyle TARY,2it0' . Acting Cou&3+-Bn� 13 P2.20 PW 07.18.120 The Kauai County Shoreline Setback and Coastal Protection. Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year,period, where the cumulative cost equals or exceeds fifty percent (50%) of the market 'value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed alterations and renovations to the Main Residence and to the Additional Dwelling Unit (ADU). DPW has determined that the proposed renovations for the Main Residence do constitute a substantial improvement. The proposed renovations to the ADU do not constitute a substantial improvement. A summary of the calculations follows. market value There were no building permits approved for the two structures within the past 10 years. Therefore, the market values used in the calculations are the current Replacement Cost New Less Depreciation (RCNLD) values for the structures. For the Main. Residence, a value provided by the County's Real Property Assessment (RPA) Division of $731,700 was used. For the A.DU, a value of $444,465 that was determined by Tom Hegarty of Tom. Hegarty Appraisal Services was used. If the owner chooses to dispute the value provi.ded.by the RPA Division, then an appraisal of the structure must be performed at the owner's expense. The appraisal shall be prepared by a An Equal Opportunity Employer Deborah Manoogian - = Shorelnie Setback Application — Substantial Improvement Determination - August 10, 2018.._�u_..=._.__,-x professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). Costs of Improvements The total costs of improvements was taken to be the costs for the proposed alteration and renovation work to the existing structures. The cost estimates prepared by Taylor Construction Inc. and submitted to the Engineering Division on July 25, 2018 provided costs of $2,200,000 for the Main Residence and $201,200 for the ADU. Summary The costs of improvements compared to the market values are: Main Residence - Cost of Improvements (past 10 years): $2, 200, 000 = 3.001 or 300% Market Value (Real Property): $731, 700 Cost of Improvements (past 10 years): $201,200 = 0.4526 or 45% Market Value Real Property): The cost of improvements is greater than the market value of the building for the Main Residence. Therefore, the proposed repair/alteration and renovations for the Main. Residence are considered to be substantial. Since the total cost does not exceed 50% of the market value for the ADU, the improvement is not considered to be substantial. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re-evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or si'wamoto@kauai.gov. Sincerely, Michael Moule, P.E. Chief, Engineering Division SUGO Copy: Planning Design and Permitting Avery Youn Concur, t Tabatag County Engineer t: PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION SSD 201 7 Acceptance Date: ' t Website Posting Date: Determination Date:0A7� Plannin Commission Date:j -- Expiration Date: Planner Assigned: Ii Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. . �...»r . ".«»,.... ;,,y .....p°,,.,„;:«'�..F°'rt>t=»."..°."..fie°..�«.a G..g`'.L'','..d°e.`m°«w;'�L»e^.=`<�%'�"q�°� ..s•..", �"x .Lz�. .; �lW�{��.e` - VL`�Y►L�4ti� ...e :.� N ..- :.... ° wxYt� :t8�«B «"; �„`q'.»;s Applicant: Campbell -Murphy Investments, LLC Mailing Address: c!o Belles Graham Proudfoot Wilson & Chun, LLP Phone. 245-4705 ext. 230 4334 Rice Street, Suite 202, Lihue, Hi 96766 Email: Bc@kauai-law.com Applicant's Status: (Check one) Iv(l Owner of the Property (Holder of at least 75% of the equitable and legal title) Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. El Authorized Agent Attach Letter of Authorization Transmittal Date: County Zoning District: open Tax Map Key(s): ) 4-9-014:006 Land Area: A acres Nature of Development: Replacement of existing 6' chain link fence fr the shoreline with a (Description of proposed structure or subdivision) lower rock wall. NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, �hotos and/or documentation. ]✓ Properties Abutting the Shoreline , QV Project's approximate distance from shoreline: 40 []P erties Not Abutting the Shoreline o 1 Project's approximate distance from shoreline: I �✓ Additional Information: Closest distance of improvement(s) from Shoreline is approximately 40 ft. Number of parcels and type of improvements (roads, buildings, structures) between Sho line and this parcel: -1- s/os/is PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION SSD 201 Acceptance Date. Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: ❑✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) I relatively flat I ❑✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) !sandy beach i Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): ❑✓ Is property in coastal floodplain (if checked, what zone)? vE 24 Has this property been subject to coastal hazards in the past? (If checked;�lease describe r If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kaua` i harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination ✓❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 to §8-27.(pth auaCounty Code, 1987 as amended, the Planning Department hereby certifies the structure subdi ision(s) as exempt from those shoreline setback determination requirements (", -t_-D f w ,J Date -3- 3105/15 PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Part C Shoreline Setback Determination (§8-27.8) (This document is the request for a shoreline setback structure or subdivision determination form) Please complete this section if you are proposing a structure or subdivision within the Shoreline Setback Area that requires a certified shoreline, a determination of applicability (Part A & B) from the Planning Director small first be obtained. .�...�w m.., .. �..�.r...,........�. �.,.. �,_. , .. m�� � e .. ..._.. �. .........e.a ve., ms�e e��.mm. .� ��a..e� •� w:.; .. ,$ m�, ;�� w :::: er:•: �: . ......_............. ,s». ......�ax;.«.�^rw3...: 'aa• ?%p ....�w�..�-. .tee:. :� - :,;ag„„rm, m,a�m<swP m ......._..,.�.gm�.�m�.�. .g.rv..... Cert� ��:.�h. �r.�iine°.. � . .� .�,.:e-•. a a B°Sm.m^......,•,........ er�ig.„«: ��m..... i...m..�.... `F... »�'.�a»:».ty«ge:e;.. ❑✓ Certified Shoreline QSurvey Map (showing Certified Shoreline, Shoreline Setback, and Structure(s) OR Subdivision) ❑Average Lot Depth: tback (Table 1 or Table 2): ❑ Affid vRtatnt of inability to certify shoreline, pursuant to §8-27.3(d) a nor its desi ee bate '�� m .� �;�-:,�m `` :... � �'�bIIC �k`0 ects�`�eSst1�►�u-�<~�� �1i1l� � m m. m�zea.g��.-.:=Q�s.�:.::� 'pr::^. e� :, ❑ Public Projects less than $125,000 Declaration ((§8-27.8(c)(2)) Planning Director or designee Date ❑ Certified Shoreline Required ❑ Certified Shoreline Not Required Describe proposed structure(s), including but not limited to landscaping plan: Written text addressing the above oronosed structure addressing the compliance with 68-27. -4- 3/@5(15 P3i . 1: .- THIS WORK v+ A PiiEPAf�ED BY Mt ��"� �• �� QR .U�iDER MY SUPERVISION AND I CONSTRUCTIOK OF THIS PROJECT ' :: RE{`fSTEREfS� t CEC URE, LLC, f WILL BE UNDER MY SUPERVISION-' '` PRQFESSfONAL� ($UPERVIiSION OF CONSTRUCTION y KAUAI, M 96746 AS DEFINED IN SECTION 1"2.(. I. OF * �I<tCHtTEGT ! Fax: (808) 821-972.6 TH-f-RULES. AND REGULATIONS QF THE30ARD OF PROF uniU IAL EN- GI:NEERS. ARCHITECTS. AND SLIR- VEYORS OF THETATE OF [-fE.4VA11.} . . ....... .... -.1- 10 1 L GRA 'III( II.P UK NQ1- SHORL LINE OFR Hi ICA TiOr4 POR I ON CA ALL 01WHl10 A Y A' A Y Haundary follows along high water mark at seashore, as showy on Mo{caa Rul 1_nnd, reap dated September M ar (k � N. j < 1r `'� ��3�"�?�`• �'l�r�, Lei.. Area (1(1't[i):. !},M(a /lrro 1,5, 9-2 =�1•f .,+.: 6 �< `1 l.c::rli IiaEi(irlr (000 Aoro (} �' 3 8 rat r� 9A' i °� ..._. f3i'f)'I. f All � `�'., tr,Ei�tctrz Izperf� i� G It'll `)fl�`I� t_.rxkulltl .<.,,� ''•, ' \ H till 1 ��. i4tyLiss't1 w4�4y,EaWTO .......... PARCEL. Pwcl7 , `µ'.me"' .:... A.s�i -�[J.Y,._ D'1•%+R4'i� . P 0 BOX 797, KAP q KAUA� ' jf 9LC 6746 ' Phone: (808) 82T-9727 ' (808) 82x R,.?, ` 6421' L.0 Aw. 2"8 Apwd 2 to R.A. Wnlah for Ranch Cathoffr. 1'if'saion MAP SHOW NO PORTION OP ALLOTMI=NT 104 . MOLOAA HUI LAND MOLOA, KAWAIRAU, ,KAUAI, 14AWAII - 1TiK� (4) A-tj IW' M Oun-mv_ Campbell-Mlurphy 1mvcAtmm�te..LLG. GRAPHIC SCALE 40 a. 20 4 ap A' such 40 ft