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HomeMy WebLinkAboutShoreline_determinations_11-16-15FOR OFFICIAL USE ONLY: SSD 201 jD Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Plainer Assigned: Instuctions: Pile all information requestedunder Part A for processing the Determinationof 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 Pant C. For applications involving a variance, complete Part D. A lucent Tnfoemation Applicant: John Hodge and Stacey Keare Mailing Address: Applicant's Status: (Check one) Phone: - Email: LVJ Owner of the Property Lessee of the Property El 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: '/ 1 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, 2hotos and/or documentation. Properties Abutting the Shoreline 132 ft QProject's approximate distance from shoreline: erties Not Abutting the Shoreline Prop — Project's approximate distance from shoreliae: Additional Information: ®Closest distance of improvement(s) from Shoreline is approximately ft. Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- a/as/rs PLANNING DEPARTMENT FOR OFFICIAL USE ONLY: SSD 20 - 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) QShorelhte type (e.g.. beach, dune, rocky, sandy with rocky outcropping, etc.) ® A� rficially armored Shoreline If checked, what type of armoring (e,g. seawall, revetment; bulkhead): lJIs the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): is property in coastal floodplain (if checked, what zone)? A—r i -V e7 ®13 Has this prery been subject to coastal hazards in the past?�If checkepkase descril If the proposed structure or subdivision is within fhe shoreline setback area then, please be aware that if the determination of a shuctu'e is approved, the Applicant shall a'ee in wrg Yhatthe 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 Setback Determination. necessary. Requirements of Ordinance No. 979 are applicable. Drector or z- s/as/ss PLANNING DEPARTMENT IfPart A has been deemed that aDetermination wilt be necessatT, the add tional information will be required for submission of this application. Part � Exemption (Determination A non-refundable processing fee of one hundred dollars ($3:00.00) shall accompany arequest for determination. (§8-27.8(e)) ® Exenptimr 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; (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 itwill not affect or be affected by coastal erosion or hazards; and (D) The shorelne 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 Dnectorthat the applicant's proposed structure or subdivision willnot 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 §8-27.3 the I4aua`i County Code, 1987 as amended, fhe Platming Deparunent hereby certifies t proposed structures) or sitbdivision(s) as exempt fi'om those shoreline setback determination t'equiremeuts established under §827.8.1 Director or -3- a/os/is PLANNING DEPARTMENT Part C Shoreline Setback Determination (§8=27.5) (This document is the request for a shoreline setback structure or subdivision deteranination form.) Please complete this section if you are proposing a stucture or subdivision within the Shoreline Setback Area that requires a certified shoreline, a determination of applicability (Part A & B) from the Planning Director shall first be obtained. �✓ Certified Shoreline .% Survey Map (showing Certified Shoreline, Shoreline Setback, and Structure(s) OR Subdivision) s/ Average Lot Depth: 302 it JVJ Setback (Table 1 or Table 2): "i 00ft Affidavit: Statement of inability to certify shoreline, pursuant to §8-27.3(d) Dueotor of its designee Daie Public Projects less than $125,000 Declaration ((§8-27.8(c)(2)} Planning D'u'eetor or designee Date Certified Shoreline Required Certified Slroreliiie Not Requ Describe no irrigation or new plantings within 40 ft of shoreline. There will be plantings that screen the adjacent properties on the sides of house. There will be a 36 inch high wire fence on both lot lines starting at 130 ft back from shoreline to street. the above Ily set back an additional 32 ft from required shoreline setback. of 100ft for a total of 132 There is ho landscaping of fencing in the shoreline setback area: 4- 3/OS/]5 i. vay me improvements anN niap nave oven ueia unan. :. Map is hosed on tantamount located in the field as shown on coup. 3. Underground utilities, septic tanks, etc. were not field [treated except as noted. a. The actual location, existence, size, depth, condition or capacity of any drainage. systems, sub -surface water system, cesspooVseptic tank system, sewer line, and utility lines to the property is not part of this map. The appropriate governmenml andfor utility agencies should he contained for this information. The shoreline as delineated in red is _ hereby certified as the shoreline as of Cmarpariban, Board of Lurid and Natural Resources Toniz r� Yo-- 1011pipe - / t \"� GRAPHIC SCALE IN PCCf. so >s n 50 29600' 1� rod e �\ qsr 7.G.50 /2" pipe V �Q LOT47 112„ Scroret me FIIoWe along u debris line. 29°23'00" [Erosion ?!i 35.00' 1/04)p�„ / I8951001, 4 eo 9g56, 43.00' ev 20'-0' Gi,5C 70002'00" pp®1 12.5T % L�4 - I jIron mood �� 606 ° 1 round 1 halge 8369 g At 72" pipe �r zyzelzpo 1r. �, � l at \ LOT _ a; 39 Found f/In pipe/ i �i t Po � t it t is 1Date eri Firid STu-l1ey: April 27, 2015 ( rwvner'. Carfol Wilcox TfIIS N'ORYS WA5 PREPARED DY [ti7E OR ❑NDER IvYY DYRECT 5UPF.RVISION. ®a'.ER M. c�dREfi LGcendC , cactueN al Number 7 Surveyor Certifir.ake Number 7919 Expires 04/30/16 Ott,B - tdAWAdd Land 5mveyitg 3r Mapping PO Box 777 3daYaflsn, 3Lauai, Hawaii 96741 End Ism Santa ND sa tt giRare I l Ol Dr, TOM \4.E U.1 u,. �I w Hodge U°. Stan,w„m„ M I,n Residence e „ 11 LOTAQ naPoad as at Or do Drama Or .es HP MINP ad .re... I I o°°° o e, .:... ... .. �a� asp a s'n e °w Plan b F area, HD490 Put door ED ,�a �.._. Banda Nun, �.... m�w ��rar&T�ad TV ®, o o L0.0 ,,., r ao �, oW �n ��F ono ���w N aDu PLANNING DEPARTMENT c,ike FOR OFFICUL USE ONLY: SSD 201-V - Acce tance Date: 15 Website Posting Date: III Determination Date: 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, 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 "'licantInformation Applicant: WAIOLI SURF SHACK HOLDINGS, LLC c/o HONUA ENGINEERING, INC. Address: PO BOX 851 Phone: 808 826-7256 EXT. 112 HANALEI, HI. Applicant's Status: (Check one) 96714 Email: briandhomiaenaineering.com 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. Attach Letter of Authorization Transmittal Date: Project Information (attach additional sheets, if necessary) County Zoning District: OPEN Tax Map Key(s): (4) 5-5-05:27 Land Area: -c- Nature of Development: (Description of proposed Structure of subdivision ONE SINGLE FAMILY RESIDENCE, 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: ® Properties Not Abutting the Shoreline ® Project's approximate distance from shoreline: > 400' © Additional Information: ® Closest distance of improvement(s) from Shoreline is approximately 405' ft. ❑X Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: 3-PARCEL 12 & 22(WEKE ROAD) & WAIOLI PARK vzens PR(1.IFCT NCI 59dF d PLANNING DEPARTMENT r FOR OFFICIAL USE ONLY: SSD 201 Acce tance Date: Website Posting Date: Determination Date: Planning Commission Date: Ex iration Date: Planner Assigned: ® Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and HighesC elevations) FLAT - 10TO 12' MSL ® Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping etc.) SANDY BEACH ❑ Artificially armored Shoreline ❑ If checked, at type of armor iag (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, If the proposed srtucture 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 De�rt�rinaHo�necessary. Requirements of Ordinance No. 979 apply, submit full application. W or z 2126/IS PLANNING DEPARTMENT tt 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 ( t (97b.£D41`p shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption In cases where the proposed structwc or subdivision satisfies the following fowcriteria: (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. ❑ Exemption3 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. ie Kaua`i County Code, 1987 as amended, the Planning Department hereby certifies the or subdivisions) as exempt from those shoreline setback determination required established Date zrzens HONUA ENGINEERING, INC. Ching Young Center Ste, C7 P.O. Box 851, Hanalei, Kauai, Hawaii 96714 PH: (8o8) 826-7256 Fax: (8o8) 826-7745 Letter of Authorization by Property Owner I (We) the undersigned do hereby authorize Brian M. Hennessy, President of Honua Engineering, Inc. to act as our agent with the County of Kauai Planning Department regarding the following proposed action: Shoreline Sefback Deferminafion for: Waioli Surf Shack Holdings, LLC — C. Fred Taylor TMKv (4) 5-5-05:08, 09, 10, 11, 12, & 27 Property Owner's: Name: WAIOLI SURF SHACK HOLDINGS LLC C. FRED TAYLOR Address: 2 Witherspoon i SignYure: +;. F�� Taylor Date Wai I Surf Shack Holdings, LLC Irvine CA 92604 Project Nor 5246.4 § ■ | ■ § § \ m § s PLANNINg DEPARTMENT SHORELI mACK APPLICATION FOR OFFICIAL USE; ONLY: SSD 201 (P - 31_ Acce tance Date: )1 1 1 Website Posting Date: t k I I U 115 Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: Instructions: File all information requested under Part A for processing the Determivation 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. 17 A licant Information Applicant: WAIOLI SURF SHACK HOLDINGS, LLC c/o HONUA ENGINEERING, INC. Address: PO BOX 851 Phone: 808 826-7256 EXT. 112 Applicant's Status: HANALEI, HI. Check one 96714 Email: brianahonuaenginee6ng,com ❑ Owner of the Property ❑ Lessee of the Property ❑X 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 Author zation. Attach Letter of Authorization Transmittal Date: ' Pro' ect Information (attach additional sheets, if necessary) County Zoning District: OPEN Tax Map Key(s): (4) 5-5-05: ; 09310,11 12 & Land Area: Nature of Development: PARCEt'&-� REMODBL-EXiST4NGRESI12ENCE. (Description of proposed PARCEL 9, 10, 11, 12 -TWO SINGLE FAMILYRLSIDENCES. Structure of subdivision) E. 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 he accompanied by additional information, photos and/or documentation. <' ® Properties Abutting the Shoreline ® Project's approximate distance from shoreline: > 100' > 80' (,At2CEL 8) ® Properties Not Abutting the Shoreline (PARCEL 27) M Project's approximate distance from shoreline: > 400' ® Additional Information: M Closest distance of improvements) from Shoreline is approximately ft. FX Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: PARCEL 7 vzs�s PROJECT NO: 5246.4 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL OSE>ONLY, SSD 201 - Acce tance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: ® Topography (undulating flat, slope, erc.) and ground elevation of subject parcel (Lowest and Highest elevations) FLAT - 12AT MAKAI SIDE TO 9' AT MAUKA SIDE OF LOTS. ® Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) SANDY BEACH ❑ 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) II 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 ox 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). Applicants Signature Signature Setback Deterr�natiol(r�cessary. Requirements of Ordinance No. 979 apply, submit full application. or tl I►3� @S 2 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 shall first be obtained. Average Lot Depth Calcs. Cerkified Shoreline Parsel 9 �4 5`*2-43^5)t2=1 9 Parcel 9 (207.8+254.0)/2=230.9' Parcel 10-(254.0+306.5)/2=280.3' ® Certified Shoreline Parcel 11(306.5+367.1)/2=336.8' N Survey Parcel 12(367.1+348.1)/2=357.6' ® Av et4ge Lo epth: > 220' (PARCELS 9,10,11, & 12) 'i?'9r(PARCEL;! ) W ack (Tbl 1 or Table 2): 100' (PARCELS 9,10,11, & 12) Date ❑ Public Projects less than $125,000 Declazation ((§8-27.8(c)(2)) Planning Director or designee Date Certified Shoreline Required Describe proposed structure(s), including but not limited to laudscaping plan: Written text addressing the above proposed stmcture addressing the compliance with §8-27.8(c)(2): vzcns HONUA ENGINEERING, INC. Ching Young Center Ste. C7 P.O. Box 851, Hanalei, Kauai, Hawaii 96714 PH: (8o8) 826-7256 Fax: (8o8) 826-7745 Letter of Authorization by Property Owner (We) the undersigned do hereby authorize Brian M. Hennessy, President of Honua Engineering, Inc. to act as our agent with the County of Kauai Planning Department regarding the following proposed action; Shoreline 5efback Determinafron for: Waioli Surf Shack Holdings, LLC — C. Fred Taylor TMK: (4) 5-5-05:08, 09, 10, 11, 12, & 27 Property Owner's: Name• WAIOLI SURF SHACK HOLDINGS LLC C. FRED TAYLOR Address: 2 Witherspoon Si n�re: �`. Fr Ta for Date 9 Y Wai I' Surf Shack Holdings, LLC Irvine. CA. 92804 Project No: 5246.4 SHORE LINE N POOL NEW xs -�He�r.robhe, aue�eoepee�esl TOUtneproa.�t°o eo.eHHall �>> �see o 00 FaHe�reeni e e 30cu ,a.e Cscon�Pam owi.n,.ssa.-rameTree s 40'SETBACK � slV6F NOTE: NO IRRIGATION SYSTEMS m— ARE ALLOWED MAKAI OF THE 40SHORELINE SETBACK o �IdeeaEemeN Shoreline Setback Determination Site and Landscape Plan TMK 5-5-05:091 10. 11, & 12 uwMnree song lens Shoreline Setback Determination Site and Landscape Plan TMK 5-5-05:09I 10. 11, & 12 SAND BEACH GT. P. 1469 55.1 290°48- 85.42 a SHORELINE HIGH HASH OF HAVES @ DEBRIS LINE, JUNE 512014 LOT I � S LOT 3 5 •� o o N REGORD: 23,162 50. FT. OO y o 9-(LE55 ER0510N AREA: 3536 5a. FT) N _ O NET AREA: 191626 SO. FT. c � v w v o 0 ii d0 O 4. v N \ 0ICS \ \ \FgsE FND 1/2" \ 7,Pr NFNT C PIPE 40 40'=� r\ eraphlc Scale in eet � \ Prepared For: .`y Haloil Surf Shack LLG SHORELINE CERTIFICATION MAP ti� UCENSEU �N 2 Hlther5poon OF PROFESSIONAL to Irvine GA, 92604 LOT 2 °j EArm '< SURVEYOR *. June 6, 2014 Being o portion of No. 14,484 Revised: LAND COURT APPLICATION 1461 A S October 23, 2014 WAIFA BEACH LOTS WAIT 0 NOTE: AT WAIOLI, HANALEI, KAUA'I, HAMI'I THI5 MAP HA5 PREPARED BY ME OR I, a DENOTE5 NUMBER AND - - UNDER MY SUPERVISION DIREGTION OF. PHOTOS. - v ✓" ✓' 6RIAN M. HENNE05Y M■ Licensed Professional Land S rve r Honua Engineering, Inc. P.O. Box 851 Hondo,H1 96714 (806) 626-7256 Lerl:Mcate No. 14,454 EXP. 4/50/I6 m o � N C C � - m N O O y � C f N LL � O c o -O U 0 T w � 4) S N I-- s LOT 2 SANO EEA614 ER MARK MAP I, Lip. a.. APP. 140 285"ILT 15.00 :ARIrI 3r54250W w . 53' 2216 2S 713•,° el°-� SNOB 39.31 GERTIFI 16\5'a12�-1 \96"'� JILT 3If: SHO ®DEERAT IS LINE rt 'j NV EHS �07 5 4250 FT o REGORDT 2b,050 50. r Qi (_ ` EFD51ON AREUPD5 5r ET AREA: 25,365 50, FT w 00 O 0 AgsF�F\\ q �ckF 7>� F4'r 50 O 50 Royo '38 7 6raphlc Sbsale !n Feet 71 _. ,y LOT 5 Prepared For: Walou Surf Shack LLG SHORELINE GEfiTFGATON MAP H � 2 Witherspoon _ Op � RLICENSEO cP P OPESSIONAL N Irvine GA, 92604 LOT 3 AN7 14 � RIEn *, SURVEYOR June 6, 2014 Being o portion of No. 14,404 Revised: LAND COURT APPLICATION 1461 9 S October 23, 2014 WAIPA BEACH LOTS hA I I, NOTE: AT WAIOLI, HANALEI, KAUA'I, HAWAI11 TH15 MAP wA5 PREPARED sr ME OR 1. a DENOTES NUMBER AND UNDER MY r,,IIPERVISION DIREGTION OF PHOTOS. v "-✓, I �' BRIAN K F NNE SSY �■ Honua Engineering, Inc, Licensed Pro fesslonal Land Surve r 1 P.o. Bax 651 Hondei, Hl 96714 (808) 826-7256 certlFlcate No. 14,484 EXP. 4WIlb Tax Map Key: (4) 5-5-05:10 4 11 Project No. 5246-4> PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USEONLY: SSD 201 - 3 Acc tance 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 'IicantInformation Applicant: Thomas LaCour c/o Honua Engineering, Inc. Address: PO Box 851 Phone: 808 826-7256 Hanalei, HI. Applicant's Status: (Check one 96714 Email: brian honuaen ineerin .com 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. Attach Letter of Authorization Transmittal Date: Sept. 15, 2015 County Zoning District R..4 Tax Map Key(s): 4 5-4-08:56 an Area: 1 I luaus At, Nature of Development: (Description of proposed I SINGLE FAMILY RESIDENCE 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 (§5-27.1) 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: ® Additional Information: © Closest distance ofimprovement(s) from Shoreline is approximately 125 ft. (adjacent residence) ® Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: (1) PROPERTY, NO IMPROVEMENTS BETWEEN PROJECT & SHORELINE — —I zn&u i"�ro�eof fro; 65aq PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 - Ace lance 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) OCEAN FRONT BLUFF ELEVATION 145' TO 160' ❑X Shoxelinetype(e.g.beach,dune,rocky,sandy with rocky outcropping,eteJ 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)? ❑ 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 structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shalt 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 Requirements of Ordinance No. 979 apply, submit full application. t ( Date znens 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 ($ I09.01h 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; (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. ® Exempflon 2 In cases where Ure 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," pursuantto §8-27.2 Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed st uc ue(s) or subdivisions) as exempt from those shoreline setback determination required established 11�13s15 September 3, 2015 County of Kauai Planning Department Lihue, Kauai, Hawaii 96766 Subject: Shoreline Setback Determination for Lot 39, Princevile at Hawaii TMK: 5=4=08:056 To Whom It May Concern: This is to inform you that the undersigned has authorized Brian Hennessy of Honua Engineering to act as my agent to submit and provide consultation on the subject action. Name: I fe)OMas �(Y�dY+ Signature d- �, �., � �t�: `=� PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 (p - Acceptance Date &S Website Posting Date: I Determination Date: Planning Conunission Date: 1 Gj Expiration Date: Planner Assigned: Instructions: File all information requested under Part A for processing the Determ nationbf Applicab lity (§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 Information. Applicant: T>AJAI*% . M.1` Mailing Address: tl?,I NV l)b"%j iioNoLULV A licant's Status: (Check one) QUA '1dG W45 , VNI d)Loob\n Phone: RV& Email: 2j15 M& 1 ol` n V it.rr.e o 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. Attach Letter of Authorization Transmittal Date: County Zoning District: Nature of Development: (Description of proposed structure or subdivision) additional rz��s'TthW D�cl� Tax Map Land Area: 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: Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: Additional Information: ® Closest distance of improvement(s) from Shoreline is approximately $;Ni ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) 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: Planner Assigned: Topography (undulating, flat, slope, eto.) and ground elevation of subject parcel (Lowest and Highest elevations) FAT Shoreline type (e.g. beach, dune, rocky, sandy with rocky outoropping, 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)? _ _jo%t �Z ❑ Has this property been subject to coastal hazards in the past? (If checked, plem If the proposed structure or subdivision is within the shoreline setback azea 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). Signature I Setback Determinate nece�ary. T�quir�ments of Ordinance No. 979 are applicable. � U I1I13�IS 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 Yo §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the structurer subdivisions) as exempt from those shoreline setback determination requirements �t f�3ii5 Date -3- 3iosns l£O:NO-9-9 : XW'1 4LL96 IItlMtlH'13ltlNVH Otl0?J 3 o L609 30NMIS3H WdOW SNOIIVA3l3?JOPd31X3 O SNtlId HOOl3 / Ntlld 31IS .- NO IiVV4HOdN1103fOHd Q Z Ogg aka@ Ohm RM i� flo§lm �� 3'= 3 E all a O rx H� 5 N z yy w of m'• 9Y9 a d tr�� � � �) � z a > w s z o O z r e z o = ~ / a� „ 3 s _ PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION '.- FOR OFFICIAL. USE ONLY: SSD w40- Acceptance tance Date: Website Posting Date: Determination Date: ffAll Planning Commission Date: Expiration Date: Planner Assigned: Instructions: File all information requested under Part A for processing the Detenuination 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 Information Applicant: The Beach House, Inc. - c/o Honua Engineering, Inc. Address: PO Box 851 Phone: 808 826-7256 Hanalei, HI. Applicant's Status: (Check one 96714 Email: brian honua n ineerin .com 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 date of filing of this application. If not, Owner(s) must five (5) years or more from the provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: SEPT. 14, 2015 County Zoning District: Tax Map Key(s): Land Area: Nature of Development: UPGRADE EXISTING GREASE TRAP WITH LARGER UNIT THAT WILL REPLACE (Description ofproposed THE CURRENT ONE IN USE. 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. 0 Properties Abutting the Shoreline ❑X Project's approximate distance from shoreline: ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: 140' + ® Additional information: ® Closest distance of improvement(s) from Shoreline is approximately 130 ft. ® Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: SHOREFRONT PROPERTY 2/26/15 ProJeci �o' �'fa� PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY:, -= SSD 201 - Acce tance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: x❑ Topography (undulating, flat, slope, etc.) and ground elevation of subj ect parcel (Lowest and Highest elevations) ------------ - ------------- SLOPED BLUFF ELEVATION 8' - 11' MSL I ® Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ROCKY ® Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revetment, bulkhead): CRM WALL ❑Isthe armoringpermitted/authorized? UNKNOWN ❑ Date of authorization (attach copy of authorization letter): ® Is property in coastal floodplain (if checked, what zone)? AE 10 ® Has this property been subject to coastal hazards in the past? (If checked, please describe) IWA & INIKI IMPACTED PROPERTY. If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a stmcture is approved, the Applicant shall agree in writing that the Applicant, its successors, and perm tted 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(1b)(2). The requirements of the Subsection (b) shall inn 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 min Setback De�ie minatjpn �{ecessary. Requirements of Ordinance No. 979 apply, submit full application. or itJr3�lS Date PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION If Part A has been deemed that a Deternunatlon will be necessary, the additional infaimation wilt be req tired for submission of this application. Part I3 Exemption Determination A non-refundable processing fee of one hundred dollars ($100,00) shall accompany a request for determination. (§8-27.8(c)) ❑ 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) 'W 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 wilt 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 shvoture 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 HCM BA & 68 Those structures and uses found exempt in'fabie 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 §8-27.3 Kauai County Code, 1987 as amended, the Planning Department hereby certifies the snvctmg(s or subdivisions} as exempt from those shoreline setback determinafton required established 2Z8. e� 1,,, 0'13 �IS HONUA ENGINEERING, INC. Ching Young Center Ste. C7 P.O. Box 851, Hanalei, Kauai, Hawaii 96714 PH: (8o8) 826-7256 Fax: (8o8) 826-7745 R: ; r r by Property Owner I (We) the undersigned do hereby authorize Brian M. Hennessy, President of Honua Engineering, Inc, to act as our agent with the County of Kauai and State of Hawaii regarding the following proposed action: an Road, i ♦':.: TMK i Property Owner's: IVarne: The Beach House. Ino. Roy Dunn, Presidern'l 1. ssvgY'3 A __ Y-9d /fly ��G46HxW+oH lSB w90 �I cvO VMtll=5 .1r N R=1 Sui eauiBU3 vrwoH inv'bnIff 2SnCH H�vaa �Hl 9 r C� Nv�d zc"vOn dv i 3svM1e R 1 `� IFNI 0. Q Q � o iEl .r a q OFF 1' jL Y wQ<�ryrr t14ff w� w tu it m v; OFFOFF IF If fz wit iMW Alt fth pi l/ r $ rN ILI jo In MII,m h _ 3 UQM i § W- 55 W y- S � In 0 In f''y .Z WW�m In s �aa G 5 5 naa g s 10 3eam - :g €�lm ww�� e If � g__� a co '�wo �g9Ko k d� g wdmwwQjw 0 3 \ IS- b,PIS In In z Zoe P yz�In �'44 i o ur z cj::In zN o / ' - - o y r .U� rr o- fy 3:m ul �r aOf 41/ u 5 , - - a r a x no I ilb no r _ a s 1 ap ' t Ink (:y ,�ow xV aoz Inns mww VOO MIN II j =W<01 y m In e 1 Z%nzo On "UOIVAaN ii rom, o, Nwi UPS &ZCSddd (ft9J IIL"6 M Wp�+ul (t9+Po dd �35fOH H v mnrRsg ava 0uj'&uJaeuiBu3 anuoHl� lNvanvisaa �vae aNl $ £ o rvvnd aavasdn aoid.oaaini asvaas N € VI n Fig £ j<.. s age H;o UNI a � a fig. 2 4ER� g MERM NNN gg Op PM 1 3§ I1=1I II=1 . �, e d I IIIIIf IIIII1i116 oil 11111=1 gin aF b! 1 ri 5 kz §pi I Kz s� Rig if .' Iliuill ului �� ode Uy l z o a a ag¢ a w Ll Jo Z No > PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 2011 - 4L Acce tine Date: Website Postin. Date: Determination Date: Planning Commission Date: ( Ex iration Date: Planner Assigned: Instructions: Pile 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 /mow, due to proximity of the shoreline, that your parcel wilt 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 Pail D. A licantlnfarmation Applicant: ✓ vv. , _ / 1' T �tt C l i ! 7 ` { ° °� 1i Mailing Address: 2 R (1 Ccf,✓ord Rd Phone: ) O$ i -O 3 �rwecD`(1 Ht 96�-22 Email: Io G r4 A Status: (Check one) rlicant'e ownar ofthe Property Lessee of the Property Author!M 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 film of this application, If not, Owners must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: o Prect Information (attach additional sheets, iFnecessary County Zoning District: l Tax Map Key(s): - ! n .' ^ "• Land Area: Nature ofDevslopmenf: (Description of proposed structure subdivision) New r NO PERM['TS WILL BE ISSUED WITHOUT PLANhiING COMMLSSION ACCEPTANCE, EXCEPT AS PROVIDED IN §&2715(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 f t TMa Project'sapproximate distance fromshoreline:�f Properties Not Abutting the Shoreline [� Project's approximate distance from shoreline: Additional In£ormatien: ❑ Closest distance of improvement(s) from Shoreline is approximately ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel arosns . a eR1°R` FOR OFFICIAL USE ONLY: SSD 201 Acce tance Date: Website Posting Date: Determination Date: Pleating Commission Date: Expiration Date: Planner Assigned: �. Topography (undulating, flat, slope, etc.) and greand elevation of subject parcel (Lowest and Highest elevations) Q Shoreline type (e.g, beaoh, dune, rocky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline If checked, what type of armoring (e.g. seawall, revenr ent, 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 th_ast? If checked, please descr if the proposed shvcfure orsubdivision is within the shorelhme setback area then, please be aware that tf the determination of a structure is approved, the Applicant shah agree in writing Yhat the .4ppiicant, its successors, and perrnitted assigns eha11 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 beset 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 ofthe 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 necessaiy, the additional information will be required for submission of this application. Part B Exemption Determination ❑ A non-refimdable 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 satisn"es the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency 4a au = I cy (FEMA) Flood Insurance ].fate Map (FIRM) `W or' VE' flood zones; I ,p Ioposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level (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 It om the certified shoreline which has been established not more than twelve (12) months from the data of the application for the exception under this section. Exemption 2 In eases 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 �oae, rya( as anrenaea, rue rrannrng veparzmenc nereoy tenures c as exempt from those shoreline sef6ackdeterminution requirements Date -3- 3(JSj15 0 Q/(°G )j/\\ � /\\\\ E t = ® a uoI cu \-So= < .. = o w =cw)= G / g) } { u \ � n 0 O z w 0 N d W 1 a 's I° F milull 1191 PV ACCESSORY BUILDINGS CONSTRUCTION