The URL can be used to link to this page

Home My WebLink About2-29-16SSDapplicationsPLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 r� - AS 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. A leant Project Information Applicant: Marc Ventura AIA LLC Mailing Address: 4202 Rice Street #102 Phone: (808) 246-3936 Lihue HI 96766 Email: mart@marcventura.com A licant's Status: (Check one) Owner of the Property I (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 �✓ Authorized Agent date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: 12-29-15 Resort Information (attach additional sheets; if necessary) 'I Tax Map Key(s): (4) 2-9-01:002 Land Area: 37.742 Acres Nature of Development: Bathroom alteration at swimming pool (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. nPrgperties Abutting the Shoreline 430' Project approximate distance from shoreline: ❑ Properties Not Abutting the Shoreline fProject's approximate distance from shoreline: Additional Information: �✓ Closest distance of improvement(s) from Shoreline is approximately 150 ft. L✓ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: No between shoreline and the parcel that I am aware of. parcels -------------------- ------ -------- ----- ---- --- — - -- - -- ... ........- - — - - - — - - - - - ---- --- - -- - — 1- 3/os/is PLANNING DEPARTMENT o FOR OFFICIAL USE ONLY: SSD 201 Accetance Date: Website Posting Date: Determination Date: Pl inning Commission Date: Expiration Date: Planner Assigned: �✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) generally flat - parcel varies in ground elevation from ✓❑ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) with rocky outcroppings ® 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)? xs ® Has this property been subject to coastal hazards in the past? (If checked, if the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a strrcture is approved, the Applicant shall agree in writing that the Applicant, its successoes, and permitted assigns shall defend, indemnify, and hold the County ofKaua`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 Signature Dec 29, 2015 Date '-_'Anolicability€tots�:isrst�€±la�ts€lhs P$aannk€vNo�emartuxn£'; Setback Det�fmidation nec�sary. Requirements of Ordinance No. 979 are applicable. -2- DEPARTMENTPLANNING i. 1 • 1 ;1 I 1. . 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 ? ANJEO, 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 Exemotion Determination (to be completed by Pl%nninr i)a;iisvoment) to §8-27.3 the Kauai County Code, 1981 as amended, the Planning Department hereby certifies the structure or subdivisions as exempt from those shoreline setback determination requirements i under 627.8. -3- 3iosns PLANNING DEPARTMENT ffs wwiq : Table 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/activities (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. (4) "Temporary structures" as defined in Section 8-27.2. To ensure that there will be no irreversible or long-term adverse effects, 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 alawfully 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 FIRS 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 of existing structures. (10) Unmanned civil defense facilities installed for the primary purposes of: (i) warning the public of emergencies and disasters; or (ii) measuring and/or monitoring geological, meteorological and other events. (11) 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 Kaua` i or any other public official authorized by the law to declare an emergency. (13) Structures relating to film productions that have received a County Revocable Film Permit. Structures undertaken for 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 of the Hawaii Revised Statutes. -7- 3/OS/35 PLANNING DEPARTMENT (b) The following conditions shall 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 Maps 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 ofKaua`i 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 HRS 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 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. 3/OS/15 Taz I�azzai �ouutyl'Iaztzzf�g Dr�Zaztitteztt T��Ftrte, Isatzai, Rawvvati 96706 Tti �rJiiotzi It h�Iay �tne�rt Please be advised that Mate `V..entttraIr,L is art Atttlzorized lsgatxt for s�H'sltra Deveio meat .L p regarding ;pet*tujawg fox tho wand Hyatt Ktsztul SwifitiolOg Puol Batliroortzs Aitoratii , Project, wo whitura 44, a wix a ilg cozulty perIA pxetces4dg mquitements. tncoiely,; D6a1,�R.�NQ N7AdT.KlnUA16 PQFC�F!-HAvGDLR.#141A1R�E -h PS a6x�3B8, kee>Ybw, kgiLk7i:§tSt5,6 vr�g�g�:, regElza2.6�?J1n � rnx;��oeira4dig�- � tv4aW.a5\NJtieoA soar D WING INDEX ARCHITECTURAL A0.0 TITLE &HEFT A1.OIA SLOG. PLAN ANT DEMO PLAN A1.2 REVISEDPLANS, INTERIOR ELEVATIONS, OETAIL6, AND SCHEDULE MECHANICAL M-1 PLUMBING SCHEDULE, PIPING DIAGRAM, NOTES & LEGEND M-2 PLUMBING PLANS B DIAGRAMS PROJECT GENERAL NOTES: CODE INFORMATION GOVERNING CODE INFORMATION: LgTEST COUNTY ADOPTED VERSION OF THE FOLLOWING BUILDING CODES; INTERNATIONAL RESIDENTIAL BUILDING MOE (IBC) UNIVERSAL PLUMBING CODE (UPC) INTERNATIONAL RESIDENTIAL CODE (IRC). INTERNATIONAL ENERGY CONSERVATION (IECC) NATIONAL ELECTRICAL CODE (NEC) INTERNATIONAL PLUMBING CODE (in) UNIFORM FIRE CODE WILOCAL AMENDMENTS NFPA STANDARD13 NFPA STANDARD 64 NFPA STANDARD 90A NFPA STANDARD 9ZA NFPA STANDARD BE NATIONAL ELECTRIC CODE (NEC) I(AUAI COUNTY CODE tCZO) AMERICANS WI DISABILITIES ACT- 2010 STANDARDS LIFE SAFETY CODE ASSUMED CONSTRUCTION TYPE: OCCUPANCY TYPE: 20NING: RR-10 NO FIRE SEPARATION REQUIRED GONECOMPLIVOICE HIN THE DRAWINGS AND SPECIFICATIONS SHALL NOT PERMIT WORK THAT DOES NOT M EETAUGUAREWCODE EQUIREMENTS AND ANY INCORRECT JNFORM71ON CONTAINED PER ABOVE DOES NOT RELIEVE THE GENERAL ONTRACTOR FROMTHE RESPONSIBILITY OF VERIFYING ALL CODE REQUIREMENI AND MEETING ALL CODE CHITEC7.11AL GERACESAS APPROVED BY THE OWNER. THE GENERALCONTRACTCR SHALL BE RESPONSIBLE FOR ALL U CONDITIONS AND DIMENSIONS TO BE FULLY VERIFIED IN THE FIELD BY THE CONTRACTOR BEFORE COMMENCING ANY EW WORK OR ORDERING ANY MATERIALS. mucnoN pgocssscB THE CONTRACTOR SHALL INFORM THE ulslalN&cMauMotloNs ANP1HE�SnnW NLis,Auo MusTPEc[IVSJnvPxovni�p BETWEEN 1F ciloN ioHR[e0�vE54Ip ISSUES USED BY THE CONTRACTOR FOR CONSTRUCTION RKITtq.OJECT, THEGENERALCONTRACTOR CEIVE ONCE TO THE ARCHITECT AANO MUST I JECTCNTFYBSIMPLE FROM THE ARCHITECT PRI09 TO SHALL REVETHIPARCHCTA PROJECT OANLIABILITYLY EGPO s a CONSEQUENCESMIND FORWARD WITH ANY EHE PRO OE urcaFOIATNOS:coNTEMPtATE6 aRiPAIFURTHER COOPERATION BERNEENTHE awNEq, MI6 cOMMCTORANp THE FTHESE CT. CEPTANCEDFAROCOMPLANCEMATH INFORMAPEOPLE WITHIN BY THE CONTRACTOR TION, E E pUN6ALL sY TERMS ANC[oNo1THIN5 CONTAINED jryTHE EOFCONaTINRb 6ERMOSS WITH CARE AND DUE OpDENCE HOWEVER, PERFEciION CANNOT BE GUARANTEED. ERFogMEOmEIRFORMATION ORO N RECEIPT OF ANY DRAWING SET AN D IN ADVANCE 0 F STARTING ANY NI WORK 0 R PLACING ANY IS THE RESPO eLM opTHE owNERAND HIS coNTpacicRTO REVIEW ALL DEAD NG ssis ANO DRAWING SET nRRSOPE�uo�i[TPOSeIHuo AANDBTEMNHITSTPROimSIEMEAME CCCTMTsY HOWN ADS CONTRACTOR INCREASES VDMPL c so ANY ORRESPONSIBILITY OF NG T ROMPT NOTICE TO THEARCHITECT SHALL RELIEVE THE ARCHITECT AND OTHER PROJECT CONSULTANTS OF ANY LABOU7f R RESPONSINURY OF ANY CONSEQUENCES THAT MAY IMPACT THE PROJECT, ANYACTCNS TAKEN UYTS OWNER NOMOR CONTRACTOR OKANY SUCH PROJECT ISSUES, DISCREPENCIES OMISSIONS OR ANDIGUITIES WITHOUT RECEIVING RICH DIRECTION AND APPROVAL MOM THE ARCHITECT SHAU. ALSO RELIEVE THE ARCHITECT AND OTHER PROJECT TTHE PROJECT LOCATED SOLELY AT THE ADDRESS IS DRAWING S FOR THE FSS AND CATION NOTED IN THE DRAWING SET COMING OF THE DRAWINGS IN RUILLORIN PART. OR ANY OTHER PART OFTHE R�EnTINFOR�TIONCR�TED�CR�ISPROJEOT4 AGE ANYTHING OTHER THAN FOR THE PURPOSES OF CORI E PROJECT NAMED IN THE DRAWING SET ARE FORBIDDEN. a .•i t E°HHoENdDEN Eo3Er6&DH,o�M NGaUG„ ENT TIME 16 PROVIDED TO ALLOW FULL INVESTIGATION, REVIEW COORDINATION AND ACTION UPON THE BED CHANGE BY THEARCHIPECT. AND PERFORMANCE OF ANY SUCH CHANGE WITHOLTAPPROVAL BY A E ORDER INDICATED THAT THE GENERAL CONTRACTOR ACKNOWLEDGES NO IMPACT TO THE ABOVE PROJECT A CHANGES MADE WITHOUT THE APPROVAL OF THE ARCHITECT OR RELATED OTHER PROJECT ESDOF AV CONSEQUENCES THAT M YMPACT THE PROJECT. cpxauLrnrvrs OF ANY LweuttGR sUNHORSED ADD SHALL RELIEVE THE ARCHITECT AND OTHER PROJECT a S KIMANSHIP E WMENOTAND MEANING OF THE SET OF DRAWING& HEREIN THATTHE CONTRACTOR ADD EACH SO- OT WITHIN THE RECOGNIZED STANDARDS OF THE INDUSTRY ADD TRADES RELATED TO TH15ABOVE. Aoi WIUHOur EPFovfTHARECREPNAUTggNSALRELIEieNDNs TTHEAPoE MUST RECEIVE AND VECHreCT ADPROJECT CONSULTANTS OFANY UI OR RESPONSIBILITY OF ANY CONSEQUENCES THAT MY IMPACT THE CONTRACTOR IS T. lile xoilHEc i°ENT�LOR HE RESPONSIBILITY oFE THE SET OF DRAWINGS HEREIN TO com E c A Ew oRKiuciuolNC AUEcoNOlno ueP onoio AND a PaLLovPPROTECT RilEa jra: uiuilES PRIOR TO BEAL CONTRACTOR AND SUB -CONTRACTORS SHALL FIELD COORDINATE MID RECEIVE APPROVAL FROM THE JML ENGINEER BEFORE ANY CUTTING NOTCHING OR DRILLING CERNY ANY BUT IN PI-POECOANCRETE ILDING DING, ANO ANEL V ORING OF OTHER OR METERS OR JOINS FOR M cHAN AL, PLUMBING OR STRUCTURAL oRNS. GENERAL ENE& L TOR OR SUB -CONTRACTORS TO FOLLOW THE LOCAL CATIONS, AND STRUCTURAL GROWING REQUIREMENTS, SCALE THESE DRAWINGS, omsso o�eeTOus RTS ITT OBEGINNILARGO TO G ANY WORK AND 0A 0 Pq NO ANY MATERIALS. s THE ARCHITEC76 ATTENTION IN WRITING EFq S. ANY CHOSE CHOSE,LL gENsloxs Na .so DIMENSIONS ARE TO FACE OF FINIIATE LY, DNS ARE TO THE FACE OF REFINING SHIEZFWMEN DIMENSIONING CONCRETE, OR cENTERLINE6wNERE G o DRLATCH AWINGS HERMNlMci CURRENTOODESREQUIIREMENTSAL CODE REQUIREMENTS AND CALLouTS IN THE ELECTRICAL.L CONTRACTOR TO COORDINATE Ed OWNER FOR MECHANICAL, TERNETAND ANY SPECIAL ORELOCTRICALREQUIRRIMEAL COVER. L CONTRACTOR TO PROVIDEiAND APPROVAL PRIOR TO HRCTO ECT"7AULRASARING ANY TNYPWI GS D PRODUCT LITERATURE FOR LOCATKIN OF ALL ee��L�MECHANICAL SERVICE OR VENTING OOKFEWMKAOMnoo VPd:UEYs IN M� OF ROOF PLUMBING ETI OCATEENT AND PROVIDE ALL YONN ACKS O OMP HOUSE EMERMnNIODLEURERs INSTALUTION aF NATIONS AND RECOMMENDATIONS MBING CONTRACTO R TO ENSURE All VBT PLUMBING RO UTED AN 0 1 NONRATED AS REQUIRED TO PREVENT HERT Ey -� KFONELOA BAY y u fire Pl6e0n.-0� PR«MA LAN COUNTY OF KAUA'I CHAPTER 12, KAUA'I CONTY BUILDING CODE KAUA'I COUNTY CODE 186], AS AMENDED ARTICLE 6 - ENERGY CODE i cerflfy Thal the design Is In compliance witM1 the Energy Code pertaining to. Section 12 -6.3 Adoption of Na Intarnetbnal Energy Conservancy Code (IECC) SecTlOn 12//-//6 0 L Gel Amendments la the IECC Signature: Date: ti/i8 Noma: Marc Ventura License ND.: PROJECF LOCATION s� _ 7Wknmdc"- . J Q Q ^ MOD M M 0) F N Y GO O 7G�xB J = U. U a c� L I I� Q Q Z 0 Q w�aC)o< C9w��0 w�Zd.a� O G d �a Gr O I= a A0.0 TITLE SHEET u fire Pl6e0n.-0� PR«MA LAN COUNTY OF KAUA'I CHAPTER 12, KAUA'I CONTY BUILDING CODE KAUA'I COUNTY CODE 186], AS AMENDED ARTICLE 6 - ENERGY CODE i cerflfy Thal the design Is In compliance witM1 the Energy Code pertaining to. Section 12 -6.3 Adoption of Na Intarnetbnal Energy Conservancy Code (IECC) SecTlOn 12//-//6 0 L Gel Amendments la the IECC Signature: Date: ti/i8 Noma: Marc Ventura License ND.: PROJECF LOCATION s� _ 7Wknmdc"- . J Q Q ^ MOD M M 0) F N Y GO O 7G�xB J = U. U a c� L I I� Q Q Z 0 Q w�aC)o< C9w��0 w�Zd.a� O G d �a Gr O I= a A0.0 TITLE SHEET