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HomeMy WebLinkAboutmay172016SSDapplicationsrLAtNNING IOEPARTPoIENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 - Acceptance Date: Website Posting Date: Determination Date: � 1t9 Plamuua 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. A � )licant Informa5on 'i'A.I Applicant: Mailing Address: 42x,'�.v �•iG_s-.5( ft;11-- Kt, 'J Phone: 11 Email: Applicant's Statas: (Check one ❑ Owner of the Property (Holder of at least 75% of the equitable and legal title) ' -❑—Lessce of-fhe-P-roper-ty ee_must.have_an_unexpired_andsQcoLdad lease, Qffiv_e (, )-years or mare fiomthe of filing of this application. If not, Owner(s) must provide a Letter of Authorization. pAttaoli EL Authorized Agent LetferofAuthnrizatiom Transmittal Date: PrOJ eCt 1llf01'matl0ll (attach additional sheets, if necessary) County Zoning District: d [ Tax Map Key(s): QW ( t v`- LaudArea: Nature ofDevelop ) t: k'w `i d- ,§ t cdC:t'i.,It t a--,e e.tQ (Le e:l (Description of propod structure or subdivision) ?-Cv Ili 1°t f o,i w c sl'Yti-' NO PERMITS WILL BE ISSUED WITHOUT PLANNING CONIlVIISSION 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 adclitional information, photos and/or documentation. - ❑ Properties Abutting the Shoreline t ^ ❑ Project's approximate distance from shoreline: - ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: �- ❑ Additional Information: ❑ Closest distance ofimprovement(s) from Shoreline isapproximafely�'' $. - ❑ Number of parcels and type of improvements (roads, buildings, sfruciaues) between Shoreline and this mircel: -1- .tr.r PLANNING DE, PARTMENT HQRELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 - Acceptance Date: Website Posting Date: ➢etermivation Date: Planning Commission Date: Expiration Date: Planner Assumed: ❑ Topography (tmdtilatimg, flat, slope, etc.) and ground elevation of subject parcel (Lowestand Highest elevations) Jhorelrue type (e.g- beach, duue, rocky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the annorhig pem7itted/authorized7 Is property in coastal floodplain (if checked, what zoue)7 Has this nrouerty been subi ect to coastal hazards in the m If the proposed structre or subdivision is within the shoreline setback area then, please be aware that if the detenvivation 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, &ability, claim or demand arising out of damages to said sfiuctures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall ivnwith the land and shall be set forth in a unilateral agreement recordedbythe applicant with the Bureau of Conveyances or the Laud Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure tinder § 8-27.81 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). PLANNING 7[DI;PARTMENT FIORELINE SETBACI£ DETERMINATIONr If fart A has been deemed that a Detennhiation will Ue necessary, the additional uifonnation will be required for submission of this application. Part B Eieemption Determination J r' A non-rofundable processing fee of one hundred dollars ($100,00) shall accompany a request for determination_ (§8-27.8(e)) ❑ Exemption 1 Incases where the proposed shucture or subdivision satisfies the following four criteria: (A) In cases where the proposed struchre 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 stiucture 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 >) months from the date of the an licit on for the excep on tinder t us section. Exemption Z In cases where the applicant cart demonshate to the satisfaction of the Planning Drector that the applicant's proposed stmctLre or subdivisionwill not affect beach processes, impactpubli0 as 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) ❑ Latter from the Department of Public Works stating that the proposedproject does not constihtte "Substantial finprovement," puusuant to §8-27.2 Exemption Determination (to be completed by Planning Department) Pursuant to § 8-27.3 the ICaua`i County Code, I987 as amended, the Planning Department hereby certifies the propose ttcture j'oi�suUdivision(s) as exempt from those shoreline setback determination requirements �(I 3- IN : 141 1115 fl It October 2nd, 2015 To: Kauai County Planning Department Lihue, Kauai, Hawaii 96766 RE: AUTHORIZED AGENT FOR COUNTY OF KAUAI Link Residence at lot 3A Kealia Makai Subdivision To Whom It May Concern: Please be advised that Marc Ventura AIA, LLC is an Authorized Agent for Ross and Cynthia Link regarding permitting for the Link Residence at lot 3A Kealia Makai Subdivision. Mr. Ventura will be handling county permit processing requirements. Sincerely, Ross Link Date Cynthia Link Date Cc : Marc Ventura AIA, LLC Authorizadou Ltt fox "LoningpetxniLLink[I].doc tQb Nib \ ✓ i' hoc n1 P f "'pz \ ro t� F� �rV-, �2 TI �ir l� i _ ® S40Z/GZIS�ateO NGId �JNI1Ntlld ales iivaano m nemeg `tene}I `i>;}g zTgeag £ �S Z sgo7 ¢saga fae�g�ggaad ad�aspue7 �G\ r�p v\N sa��>NOR FI(EiU��� �ami'Emdnspm¢� a�.SaasanN!¢nsg PFF kL Line and Line Se az�, Rim y °® Ra�mgamn MID PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201,(f2- Acce p tance Date: (v Website Posting 'Date: ti Determination Date; Planaing Commission Data: Ex iration Dace: Planner Assi nad: Instructions; File all information requested tinder Part A for processing the Determination of Applicab lity (§5-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel wit] 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. A licant Information Applieant: Islander on the Beach - Mailing Address: 440 Aleka Place Kapaa, HI 96746 A licant's Status: (Check one) Phone: EmaiL 808-320-3720 kaheletani.visitacion@aqua-aston.com Owner of the Property Lessee of the Property ✓ Authorized A ent (Holder of at least 75 % of the equitable and legal title)... Lessee must have an unexpiredand 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: 4/21/16 County Zoning District: Tax Map Key(s): 4-3-002-013 Land Area: Nature of Development: (Description of proposed structure or subdivision) NO PERMITS WILL BE ISSUED'4VITHOUT PLANNING COMMISSION ACCEPTANCE, E�ZCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline SetbacicDetermination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, ItotVos and/or documentation. Properties Abutting the Shoreline [�✓ Project's approximate distance from shoreline: 400 Properties Not Abutting the Shoreline Project's approximate distance from shoreline: Q Additional Information: Closest distance of improvement(s) from Shoreline is approximately 400 ft Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3/05/15 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIALUSE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: Topography (undulaung, flat, slope, etc,) and ground elevation of subject parcel (Lowest and Highest elevations) ❑✓ Shorelire typo (e.g. beach, dune, rocky, sandy with rooky outcropping, ctc.) 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)? rFlas this 2T2p.Lrty been sub eq to coastal hazards in the past? (If checked, i tf the proposed structure or subdivision is within the shoreline setback area then, please be aware chat if rho determination of a structure is approved, Che ApplicanC shell agree in writing that the Applicant, its successors, and permitted assigns shall defend, indclunify, 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 he Date Setback DG�termina�i i�tn necessary. Requirements of Ordinance No. 979 are applicable. or c/oshs 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 R Exemption Determination ❑✓ A not -refundable processing fee of one hundred dollars ($100.00) shalt 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 shorcline 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. Q 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 fotmd exempt in Table 3 (§8-27.7) (sec 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 §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby cnrtificst struc e ) or subdivisions) as exempt from those shorel,iue setback determination requirements er . -27,8. -3- 3/05/35 April 25, 2016 To Whom ll May Concern: This letter is Yo'certify that Kahelelani Visitation is the on -site Manager for the Islander on the Beach Association of Apartment Owners. Kahelelani is responsible for the overall management orOut' property and is directly involved with projects, such as the renovation of our parking hot. We understand that as part of the county approval of the above project, a Shoreline SetBack Determination form must be submitted for review. Since all members of the Board of Directors reside on the mainland US, this letter will serve as authorization for Kahelelani Visitation to sign and submit the form on behalf of the Association. Thank you for your assistance. We look forward to receiving approval from the County of Kauai to proceed with this much needed project, which will benefit all Kauai visitors staying at Islander on the Beach. Sinccrcly, Susan Zotti President Board of Directors islander on the Beach AOAO AC7A0 Islander on the Beach 440 Aleka Place•Kapaa+Hawaii•96746 Phone: 808-320-3720 • Pax: 8084314690•E-Mail: kahelelani.visitation@astonhotelscom PLANNING DEPARTMENT SHORELINE SETBACI£ APPLICATION FOR OFFICIAL USE ONLY: SSD 201__(,o - Acceptance Date: Website Postuig Date: (; Determination Date: Pltinning Commission Date: E iration Date: 7 Pla crier Assigned: Instructions: File all infonnation requested under Pant A for processhig the Detemnination 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 stricture or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Project A 1 >licaut Information Applicant. Kj�Ltar j&eoe LL& Mailing Address: P 0 00x nJ o W U 141 nVING Applicant's Status: (Check one) Phone: Email: J-S' S1 A0A0 ee((44&iKoelue9, ❑ Owner of the Property Lessee of the Property ❑ Authorized Agent I (Holder of at least75% 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, Ovmer(s) must provide a Letter of Authorization. I Attach Letter of Authorization Transmittal Date: Illf01'mati0ll (attach additional sheets, if necessary) County Zoning District: Tax Map Key(s): - j ° P d �CpA Land Area: Nature of Development: tn/ it (Description of proposed structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT A5 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: Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: T ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately ft. ❑ Number of parcels and type of improvements (roads, buildings, shnctures) between Shoreline and this parcel: -1- 3iosns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Plainer Assigned: ❑ Topography (midulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) ❑ Shoreline type (e.g. beach, dune, rocky, sandy with roclry outcropphig, etc.) ❑ Artificially armored Shoreline ❑ If checked, what type of annoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permittedlauthorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? ❑ _ Has this prop been subject to coastal hazam.rds in the past? (If checked,-: If the proposed structure or subdivision is within the shoreline setback area thee, please be aware that if the determination of a stinicture is approved, the Applicant shall agree in writing that the Applicant, its successors, and pennirted assigns shall defend, indeamify, and hold the County of I{aua`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 s Signature be 5fli6� Date �`,,�— Setback Deteyfninatiomm�e essary. Requirements of Ordinance No. 979 are applicable. -2- 3rosns 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 (FIIZtMI) `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 Planing 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 Planting 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 " Exemption Determination ('to he completed by Planning Department) Pursuuit to-§8-27.3 (aua.`i County Code, 1987 as amended, the Planting Department hereby certifies t tn'oposed ) or �ubdivision(s) asexernpt from those shoreline setback determination requirements 3- 3/OS/15 yi Q I 14 z Freezer oz j} oz ehQrr 00 k 1 ,GL Li a o f ire rr 4 i 'OS o° 1 Aq a PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: g?r Determination Date:411t;llolta Planning, Commission Date - Expiration Date: t Planner Ass imied: - hishuctions: File all information requested under Part A for process ng 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. Project A � tlicaut Information Applicant: Mailing Address: 13u RN gldx Applicant's Status_ (Check one) Phone: FS F yS %y Ai Email: ❑ Owner of the Property ❑ - 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. I Attach Letter of Authorization Transmittal Date: Inform atlOn(attach additional sheets, if necessary) County Zoning District: 2% Tax Map Key(s): Z - Po ` D �✓ I Land Area: S �� Nature of Development: ,,���j�j�yr2 4�3VMIA77641 (Description of proposed 3/I /J" /421 /e y� structure or subdivision) C7 NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED 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 65 r ❑cam Project's approximate distance from shoreline: ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately �O S it. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3iosns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICLAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: ❑ Topography (undulating, flat, slope, eta) and gronud elevation of subject parcel (Lowest and Highest elevations) ❑ Shorelhie type (e-g. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ Arfificially annoyed Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring pennitted/authorized? ❑ Date of authorization (attach copy of authorization letter): Is property in coastal floodplaiu (if checked, what zone)? Has this property been subject to coastal hazards in thepast? (If checked,_ A Yd'P �/t1®l /Mti�/ COC�Mi1GYGfC�iP��S`ci� r�bNii✓� OYy 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 pernutted assigns shall defend, inderunify, 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). PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional urformation 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 (FIRr\I) `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 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 he history of coastal hazards in the a ea_ © 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 constihrte "Substantial Improyernent," pursuant to §8-27.2 Exemption Determination (tube completed by Planning Department) fo §8-27 ;the Kana`i County Code, 1987 as amended, the Plwning Department hereby certifies t sh2ic e(s or subdivision(s) as exempt from those shoreline setback determination requirements :dut>lle §8r27.8. -3- 3/os/ss Bernard P. Carvalho, Jr. Mayor Nadine K. Nakamura Managing Director Mr. Clarence K. Tanigawa P.O. Box 231 Koloa, HI 96756 Lyle Tabata Acting County Engineer calls i r £ A� IQ R ~7 P 2.12 DEPARTMENT OF PUBLIC WORKS Deputy County Engineer County of Kauai, State of IIawai`i PLA11Fd11� C''.PI, 4444 Rice Street, Suite 275,1&u'e, Hawaii 96766 TBL (808) 241-4992 FAX (808) 241-6604 Apr l 1, 2016 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION KUHI`O SHORES — BUILDING PERMIT APPLICATION NO, 16-0303 TMK: (4) 2-8-005: 014 — 0042 for Unit 304 PW 0116.116 Dear Mr. Tanigawa; The Kauai County Shoreline'Setbaek 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 Uiut 304 at the Kuto 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 TTalue There were 15 total building permits for the structure within the past 10 years. The first permit, BP No, 06-2006, was approved in 2006. Therefore, the market value used in the calculations is the Replacement Cost New Less Depreciation (RCNLD) value in 2006 for the structure. The 2006 RCNLD was determined to be $7,346,900. The Engineering Division has used the RCNLD as determined by the County's Real Property Assessment Division in its calculations. If the owner chooses to dispute this value, then au 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 EmployeN Jennifer Cote Kfihi`o Shores Building Permit Application No. 16-0303 April 1,2016 Cost of Improvements The total cost of improvements is summarized as follows for the past 10 years: j BP 10-0720 $ 50,000 BP 10-0196 $ 51000 ------------ BP 09-1792 , ----------------- $ 51000 ----------------------------- BP 09-1626 $ --------- 5,000 BP 09-1441 $ 25,000 ----------------------------------------- BP 09-0589 $ 51000 BP 08-2449 $ ------`--- 41000 ----------------------------------------- BP 08-1018 $ 15,000 -------------- j BP 08-0713 $ --- 20,000 BP 07-1278 ------------------------------ $ 800,000 j ----------------------------------------- BP 07-1089 $ 125,000 ----------------------------------------- BP 06-2006 $ 50,000 ----------------------------------------- BP 12-1380 $ 3,000 BP 15-1876 $ 38,500 BP 16-0303 - - $ -- - 76,750 ---------- -----------------------------' $ 11227,250 ----------------------------------------- Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $1,227,250 *Market Value (Real Property): $7, 346, 900 — 0.167 or 16.7% 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 thes c 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 informafion, contact Stanford Iwamoto at (808) 241-4896 or siwamotona,kauai.�ov. Sincerely, MICHAEL MOULE, P.E. Chief, Engineering Division SI/BV ' Copy: Design and Permitting Planning —Pan�` f �� " QPAN {Cie and 5V IT , t y._ p fSlur ` lfi _ one r k° '. - r } iaogle PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: 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. Arr licant Information Applicant: Kahu'aina Holdings LLC Mailing Address: A licant's Status: c/o Belles Graham Proudfoot wlson & Chun, LLP 4334 Rice Street, Suite 202, Uhue, Kauai, Hawaii 96766 (Check one) Phone: (606) 246-6962 Email: mwg@Kauai-law.com � Owner of the Property 1—J 1Lessee of the Properly Q✓ Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired date of filing of this application. and recorded lease of five (5) years or more from the If not, Owner(s) must provide a Letter of Authorization. I Attach Letter of Authorization Transmittal Date: County IIIiOrmatlOII (attach additional D1SiT1Ct: AGRICULTURE/OPEN Nature of Development: Farm Dwelling Unit (Description of proposed structure or subdivision) TeX Map I�ey(s): (4) 5-1-003:006 Land Area: 325.178 acres NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §5-27.8(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, It tos and/or documentation. Properties Abutting the Shoreline 325 feet Project's approximate distance from shoreline: Perties Not Abutting the Shoreline ro Project's approximate distance from shoreline: Additional Information: 0 Closest distance of improvements) from Shoreline is approximately 325 $. UNumber of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: 1- 3/os/ss PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acce tmce 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. The proposed farm dwelling unit is located at an elevation of 9 00 feet. See attached Supplement. ---- ---- -------------------- -- --— ---- -- ❑✓ Shoreline type (e.g. beach, dune, roclry, sandy with rocky outcropping, etc.) Sandy with rocky outcroppings; outer reef barrier. See attached Supplement. 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 p 2Mijty been subiect to coastal hazards in the-pastLIf checked, Not to our knowledge. 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 Kara'! 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 Date Setback Dgter�mination�Irgcessary. Requirements of Ordinance No. 979 are applicable. or -2- 3/os/ss 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 ❑J 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 Incases where the applicant can demonstrate to the satisfaction of the Plantvng 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 Itnprovement," pursuant to§8-27.2 Code, 1987 as amended, the Planning Department hereby certifies t as exempt from those shoreline setback determination requirements Date -3- 3rosi�s M=NO= G at 1�3rvns 7 A 3 U ZI 20 lam:..*+ d 7 > ly-rd ymy71 s�i'i `ws e-case 1 sy✓r-'w n wy J+t fi a m`- mr %Pi �a� 3 i j h tf� ' iyM ' e� Cowright ®2J10 gPublic.ne[ 0 LakeslRlvers from US Censt p Parcel: 510030060000 Acres: 325.178 Pacific Ocean n Pakala Pacific Ocean The Kauai County Assessots Office makes every effort to produce the most accurate information possible. No warranties, expressetl or implietl, are pmvitled for the data herein, its use or interpretation. The assessment information is from the last certifed taxroll. All data is subject to change hefore 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 OROMISSIONS--THIS IS NOTA SURVEY — Date printed: 04/06/16 : 21:40:57 EXHIBIT nC+n J ,: � phol Eel �I � I -- lk i I � v el Z y'AA LiNni IN \ f \ \ \. xaw, pen �s J \ 1 it suelkyaherl ee— \ \ \ 4 _ , V - Il Li .,1 �er \ !3 ape,.., Lel he� I I A � q l mil SITE PUN �\ ENURGEOSITERUN t NOON All wo Lp I ` . g're >0 4—__. _.--_ to I: I`: o L9 WE Ie'^ .�..� peer _._ __ ruenreum.uv�mcw m' Njel spul --_ Ell sell I I I �rw� .�ad.+owEwrv�.osxorzwrve SITE SECTIONSECTION �,�,E,..m - - - are � rvlN er x Y 1l mn.. // E,. Aa.1 t EXIIIBIT "T" Moloaa, Kauai, Hawaii Moloaa - Smoothed Rates Positive Rate = Accretion Negative Rate = Erosion Smoothed ' Smoothed• Smoothed Transact Rate (fUyr) Transect Rate (ft/yr) Transact Rate (ft/yr) 0 -0.5 46 -0.4 95 -0.9 1 -0.6 47 -0.3 96 -1.0 2 -0.6 48 -0.3 97 -1.0 3 -0.5 49 -0.3 98 -0.9 4 -0.4 50 -0.3 99 -0.8 5 -0.2 51 -0.3 100 -0.7 6 -0.1 52 -0.3 101 -0.8 7 -0.2 53 -0.2 102 AA 8 -0.2 54 -0.1 - 103, -1.2 9 -0.1 55 0.0 104 -1.3 10 -0.1 56 0.1 105 -1.4 11 -0.1 57 0.1 106 -1.5 12 -0.1 58 0.0 107 -1.6 13 -0.1 59 0.0 108 -1.6 14 -0.1 60 0.0 109 -1.6 15 0.0 61 0.0 110 -1.4 16 0.0 62 0.0 111 -1.3 17 0.0 63 0.0 112 -1.1 18 -0.1 64 -0.1 113 -1.1 19 -0.1 65 -0.1 114 -1.1 20 -0.1 66 -0.1 115 -1.1 21 -0.2 67 -0.1 116 -1,1 22 -0.3 68 -0.2 117 -1.4 23 -0.4 69 -0.2 118* -1.6 24 -0.5 70* -0.4 119* -1.8 25 -0.4 71 -0.4 120* -1.8 26 -0.3 72 -0.4 121* -1.7 27 -0.3 73 -0.5 122* -1.5 28 -0.4 75 -0.6 123* -1.3 29 -0.4 77 -0.5 124* -1.2 30 -0.5 79 -0.4 125* -1.1 31 -0.7 80 -0.2 126* -1.2 32 -0.8 81 0.0 127* -1.3 33 -0.8 82 0.3 34 -0.7 83 0.6 35 -0.5 84 0.8 36 -0.3 85 0.9 37 -0.2 86 0.9 38 -0.1 87 0.9 39 -0.1 88 0.8 40 -0.2 89 0.7 41 -0,3 90 0.6 42 -0.4 91 -0.3 43 -0.5 92 -0.3 44 -0.5 93 -0.4 45 -0.5 94 -0.6 *Imagery indicates beachwidth of zero during period of analysis. Rate calculation reflects data with beach existence. EXHIBIT "F" (2 of 3) Moloaa - Smoothed Shoreline Change Rates Transect #0 Transect #1 Positive Rate = Accretion Negative Rate = Erosion Transect #2 200 100 c 0 -100 200 100 � 0 -100 200 100 o -100 200 100 x 0 -100 Smoothed=-0.5 ftyr 1940 1960 1980 200( yr Transect #3 Smoothed=-0.5 Tyr I ,r 1940 1960 1980 2000 yr Transect #6 smeethea=-on tvyr 1940 1960 1980 2000 yr Transect #9 Smoothed=-O.f fVyr 1940 1960 1980 200( yr Transect #12 smoomea=-o.r wyr 4. 200 100 a= 0 -100 200 100 � 0 -100 200 100 o -100 200 100 x 0 -100 200 100 � 0 -100 Sjjjmoothed=-0.6 fVyr 1940 1960 1980 200C yr Transect #4 Smoothed = -0.4 wyr 1940 1960 1980 2000 yr Transect #7 smoohed=-o.z ttryr 1940 1960 1980 200( yr Transect #10 smoomea=-o.f wyr 1940 1960 1980 2000 yr Transect #13 smeemed=-o.f wyr 200 100 0 -100 200 100 � 0 -100 200 100 o -100 200 100 0 -100 smoothed=-0.6 wyr f'I 1940 1960 1980 2000 yr Transect #5 Smoothed=-0.2 ftyr t1 1940 1960 1980 200( yr Transect #8 smoothed=-az ftyr I 1940 1960 1980 200( yr Transect #11 smoothen=-oA rVyr ra � 1940 1960 1980 200( yr Transect #14 smoothed= -c.r fuyr ' 1940 1960 1980 2000 1940 1960 1980 2000 yr yr yr "Hardened Shorelines with no beach are shown with a blue square. The analysis stops at the first hardened shoreline. EXHIBIT"F" (3 of 3) 1940 1960 1980 2000 P l L d A .� R. e. 1e60Tw - - NATO 8i _ e Pi _ _ - rooPe,P Tene oe ee��e No / > �a .P,,,. - 3� —' -un, -I . mu o— m, m. zm, Fri a 0 Ago cI Agog. AT A IT mi NASA me ' Vim, "Vol1 ATAS ,. it re.ti Angkor. J vFIALA _wo it Login IVr _.--� � 8m TV TC Auk Age 201 LA In aw m �I �e m Its 11 AM PAUFAL AirL O T ,5, rv:. loth IF ALI An AT, I G ,,.A... Te noun) xmFAA , r w. iw i. i u.� aue wril Rost Ar�A 31605T Acres 'a ,»ramie, ° 'Lam• E I.J oN N 1065 Acres J IN o.T14 Acros p J Y L TAREA 314�T5 Acres A FAA &� A I X� A K F m A 11 It A AT TIT ��ego I ,�„ m -z'ew !.so I 6 To Irk �VFGVJ FLAT It �er3w oz� a rill— 1 aAWFATEV� two? I Fa F94 "FAST TOCIP _ %. C'. 8ra. Act —rl—--7 3 O.,.:o N a e o 1 e g .L:ve.u,L r,6u O—V NI TO 43c j o, Y 'ik'"F Fors m - -<41 1YC ^"sw sr w�, c f , 0 ti . 1✓ IL _ ` . �FT AI Alm WAS I nemm AT An ala . .. __._ ._. , .,. e.qm LOT Or IN 1 Ao,IN w ,..,,. ANALAIN' ay. AN .P —- -L.In Loe 1 Ap F bI 6 ) r. .0 In a ar, ox w..VE. � � AN Fit aurt kid 71T �, AVO. _.1"42 Al pirs. File —Ai LNF AT ALAN ATOPhANT FAL. INUA& MA, oNna T to Ai I'll Not ._w,. F,. . _.- U L I °a, - °� - ,°„,°„„l. SHORELINE cERTIFIGATION to, r'°' LOT 5 ME PLAN 2 15 1 sr sm su 91 51 Otv AT, H Q^A A