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HomeMy WebLinkAboutSeptember6,2017SSDapplicationsPLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201_K- ID Acceptance Date: Website Postin Date: 1 Determination Date: �j, 17 Planning Commission Date: 1112ig E iration Date: 1 7 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: Brent Olson Olson Homes Inc Mailing Address: A plicant's Status: 5027A Puma Rd Kalaheo HI 96741 Check one Phone: 808-639-3267 Email: olsonhomeshl@gmall.mm Owner of the Property Lessee of the Property �✓ Authorized Agent older of at least 75% of the equitable and legal title Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owners must provide a Letter of Authorization. I Attach Letter of Authorization Transmittal Date: 9/12/2016 'Pro'ecfInformation (attachadditional sheets ifnecessary) County Zoning District: Kona Tax Map Key(s): (a) 2-8-019-056 Land Area: 15,646 Nature of Development: Remodel &New SFR (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, till in applicable information. Any box checked must be accompanied by additional information, Photos and/or documentation. rl Properties Abutting the Shoreline Project's approximate distance from shoreline: 417 Q Pro erties Not Abutting the Shoreline Project's approximate distance from shoreline: 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: parcels with 5 houses and Hoone Rd 1- 3rosns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION ` FOR OFFICIAL USE ONLY: SSD 201 Ac tance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: 0✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) slight slope 1&20msl(googie earth) ❑✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline [� If checked, what type of armoring (e.g, seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ® Date of authorization (attach copy of authorization letter): ❑ Is property in coastal flood plain (if checked, what Zone)? No ❑ Has this p op ty been subj ect 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 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#). Applicant's Signature Date Aoolicability d Err P�a<-t er¢asshted,:@�rx i`E.paraeinav its a€,.a,axse3ali �- Setback Deterr�na;iion necessary. Requirements of Ordinance No. 979 are applicable. -2- 3,as,�s 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 4 i F.B4F.tt1i'; 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 w ll 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 VVv�r- 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 Exemption Determination ata becumn eked by ftannhw Dewk enmenfi Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed stru s) or subdivisions) as exempt from those shoreline setback determination requirements sd t fished un er § -27.8. D9_ U�e�?A I`) -3- 3/OS/15 — F 4 NVZd alas ` mu \< a. e i s- 0 ' k F L—.rvencmwuxnuon �~ rv� B S &pp � a - 8 �S u Jl�bb 5 g _ _ zl by TG Super 16080232 LLC 3923 Kilohana Street (alaheo, III 96741. l] o RECORDED ' Too 6ArWrNW BUREA0 OF CONVEYANCES ;YAK , t c NICKI STRAR t f ii 12'I 1{{I icL Conveyance Tax: $2,450.00 5-32043479 TG: 201629770 � TGE: 24216078814 Michelle Dela Sierra EXCHANGE WARRANTY DEED (subject to As Is- condition) TWS EXCHANGE WARRANTY DEED (subject to "As Is" condition) is dated jut 2 1016 ELVIRA KIMONO, formerly known as ELVIRA WCOOL, j unmarried, and NICHOLAS HANALE KIMOKEO, Successor Trustee of the NICHOLAS 10 OKEO REVOCABLE LIVING TRUST dated October 17, 1992, of which a short form is I I recorded as Document No. 92470778, with full powers to sell, mortgage, lease or otherwise deal with the land, and NICHOLAS H. KIMOKEO, Successor Trustee of the KIMOKEO FAMILY I TRUST an unrecorded Revocable Trust dated April 5, 1994, with full powers to sell, mortgage, lease or otherwise deal with the land, and NICHOLAS IL KIMOKEO, of Mililani, Hawaii, hereinafter called the "Grantor", in consideration of the sum of Ten -Dollars ($10,00) and other good and valuable consideration to the Grantor paid by TG SUPER 16080232 LLC, a Hawaii limited liability company, as to an undivided fifty-eight percent (581/6) interest, whose address is 2281 Nalo Road, Kolaa, Hawaii 96756-9731, and ADVANTAGE EQUITIES 9774, LLC, an Oregon limited liability company, as to an undivided forty-fK°o percent (42%) interest, whose address is 172G SE Highway 101, Lincoln City, Oregon 97367, hereinafter called the "Grantee", the receipt of which is acknowledged, grants and conveys unto the Granter as tenants in common, the property described in the attached Exhibit "A", hereinafter called the "properly". The Grantee, TG SUPER 16080232 LLC, a Hawaii limited liability company, is an exchange accommodation titleholder, which is merely a "holding entity" whose sole purpose is to acquire title, in a tax deferred exchange under IRC §1031 and Rev. Proc. 2000-37, on behalf of the real parties in interest, Richard A. Shaw and Joan E. Shaw, husband and wife, the Exchangers, in connection with an exchange under Section 1031 of the Internal Revenue Code of 1986, as amended, with the Grantor herein and T. G. Super Exchange Corp., a Hawaii corporation, as Qualified Intermediary. The Grantee, All VANTAGE EQUITIES 977A, LLC, an Oregon limited Iiability company, is an exchange accommodation titleholder, which is merely a "holding entity" whose sole purpose is to acquire title, in a tax deferred exchange under IRC § 1031 and Rev. Proc. 2000w37, on behalf of the real parties in interest, Lon French and Tina Freneb, husband and wife, the Exchangers, in connection with an exchange under Section 1031 of the Internal Revenue Code of 1986, as amended, with the Grantor herein and Equity Advantage, Incorporated, an Oregon corporation, as Qualified Intermediary. AND the reversions, remainders, rents, issues and profits and all of the estate, right, title and interest of the Grantor, both at law and in equity, in and to the property. TO HAVE AND TO FOLD the property, including the improvements thereon, and all rights, easements, privileges and appurtenances belonging or appertaining to or held and enjoyed with the property, unto the Grantee according to the tenancy set forth herein, forever. Grantee acknowledges that tlae property described in said Exhibit "A" is being conveyed "AS IS" with the knowledge of the conditions disclosed by Grantor and/or discovered during inspection(s) of said property. Grantee understands and agrees that all land and improvements (including but not limited to the roof, walls, foundations, soils, plumbing, electrical and mechanical systems, etc.), real property, and personal property (if any) are being conveyed in their existing "AS IS" CONDITION WITHOUT WARRANTY OR REPRESENTATIONS, EXPRESSED OR IMPLIED. Grantee hereby accepts said property in its "AS IS" condition. The Grantor covenants with the Grantee that the Grantor is lawfully seised in fee simple of the property and has good right to sell and convey the property; that the property is free and clear of all encumbrances except as set forth herein and except for the lien of real property taxes not yet required by law to be paid; and that the Grantor will warrant and defend the property unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. (rJ Bernard P. Carvalho, Jr. Mayor Wallace G. ReZentes, Jr. Managing Director Olson Homes 5027 A Puuwai Road Kalaheo, HI 96741 Ly1e'I'4a1& i j Acting count'Y'4, eel` ,i , . DEPARTMENT OF PUBLIC WORKS County of Kaua'i, State of Haw" `i AUG 15 P 3.15 4444 Rice Street, Suite 275, Lthu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 August 15, 2017 € Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION RICK SHAW — REMODEL AND LANAI ADDITIONS TMK: (4) 2-8-019:056 PW 07.17.078 Dear Mr. Olson, The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Pttblic Works (DPW) Engineering Division has reviewed the proposed interior remodel and lanai additions to the existing SFR. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Markel Value There are no existing building permits approved for the structure within the past 10 years. Building Pemut 16-2255 was an approved permit far a photovoltaic system, but that permit has been canceled by the home owner with the concurrence by the County's Building Division. Therefore, the market value used in the calculations is the current 2017 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. The 2017 RCNLD was determined to be $102,900. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (Replacement Cost New Less Depreciation). An Equal Opportunity Employer Rick ShawRenioclel Shoreline Setback Application — Substantial Improvement Determination August 15, 2017 Cost oflmprovements The total cost of improvements for the proposed interior remodel and lanai additions to the existing SPR is $48,500. This amount was obtained from the cost estimate that was prepared by Brent Olson and submitted to the Engineering Division with a contractor's affidavit on August 3, 2017. ... Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $48, 500 � Market Value (Real Property): (R p rty): $102,900 = 0.4713 or 47.1 Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any twpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto@kauai.gov. Sincerely, MICHAEL MOULE, P.E. Chief, Engineering Division SIBV Copy: Design and Permitting Planning PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION -FOR OFFICIAL USE ONLY: - SSD 201 - i Acceptance Date: Website Posting Date: Determination Date: j Planning Commission Date: Expiration Date: U Planner Assigned: Od 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: Vt l\ c i IL C1 QT r Mailing Address: Qt- 'v ISSN Phone: sm�Sc:A0)0 `� ,+x. K?lDcz tkx � � Email: '} t f e it Met,..r, Applicant's Status: Check one ❑ Owner of the Property older of at least 75 % of the equitable and legal title ❑ Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owners must provide aLetter of Authorization. Attach Letter of Authorization Authorized Agent Transmittal Date: County Zoning District: Land Area: — �j r�7jg for il.&2W.I� 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 (§5-27A) 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: Proper54 ties Not Abutting the Shoreline + Project's approximate distance from shoreline: ❑ Additional Information: ❑ Closest distance of improvements) from Shoreline is approximately ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3/os/is PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION 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 HighesT elevations) �v Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, what type of urinating (e.g. seawall, revetment, bulkhead): ❑ Is the annoring permitted/authorized? ❑ Date of authorization (attach copy of authorization lette Is property in coastal floodplain (if checked, what zone)? v z 6(J %- 0u1 ,CL- Has this property been subject to coastal hazards in the pmt? _(If checked,, rise deseribe�__ _ If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the fmal 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 thata Determination will Ue necessary, the additional information will Ue required for submission of this application. Part B Exemption Determination ❑ A non-refundable processing fee of one hundred dollars (SI00.00) shall accompany arequest for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies t structure(�.or subdivisions) as exempt from those shoreline setback determination xequhements ;d under M 27.8. or -3- 3/OS/15 It ..a,,f .. .11�d -. r +.wit !_• �,. ''tic ;,r 4 , E,,G3R :: #i a ,ret .ei sYti'8 rem et . ° lo -busts VLL I I Lai aW hm cc ic ? �, eY,i. sYf:C a�.�i. ta'•`r at c c ta..t*:$ a.t , t� ze¢ar:P . r.�I„lut , rz titi5', ..-,--.-.rc�i �.�eert�r� a.•�sa _},rr..c."v: ns}at t�.,ste _r ( � t1n.z_ MU .'le s ,.,,mit B` , sr� ° u.. ,I. luty a tart IktL t14 .. L E..+.ruE�3 SY i' ~ \ : a >:.a.«s IT: y rr,. zm:©� y« v Q< y. r 2 x « & -s ? > > . . y «� � \ w�zanaa�� o� e.aa z, y iovu in ovP�� o Fli eo oy a Ali 'sa3NiaJVd i a-ld S 2I d N L 2I vd 3aN3aIdINNE io PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 261 - Acceptance Date: Website Posting Date: Determination Date�zrI Plum nrg Commission Date: Fxpiration 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 if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. _ A" Iicant Information . Applicant "— {°..- h.i✓ ,ri 1''s Mailing Address: Phone:ory _ Email: m A lLeam's Status: Check one ' MAI ❑ 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 cf film of this application. If not, Owners must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: Project Information (attach additional sheets, if necessary) County Zoning District: Tax Map Key(s): Land Area: e 1 3 S. •, Nature of Development: (Description of proposed structure or subdivision 1 Y V � �; N CJ=Ij!2 2X Oren �n NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(e)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1. Pro rty is Abutting the Shoreline Ti Proposed project's approximate distance from shoreline (based on aerial map): 2. Property is Not Abutting the Shoreline n NProposed project's approximate distance from shoreline (based on aerial map): f I ® ft. 3. Additional Information: ❑ Shoreline Change (Erosion/Accretion) Rate: ft./year (Information available here uww.soesthawaii.edi�Ic oa1L;/1:auaiconnt��/KCotmty hnnl) ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: - SSD 201 Acce tanee 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 1-IIghest elevations) Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, at type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter) - Is .y _ i ,^ ,�jr��, pp� ® property in coastal floodplain (if checked, what zone)? . 0"'k, dig e ., �� r d / ❑ Has this p opertybeen subject to coastal hazards in thepast? (If checked, please describe) If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a sttuctuue is approved, the Applicant shall agee in writing that the Applicant, its successes, and permitted assigns shall defend, indenmify, 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 aprerequisite to the issuance of any related building pennit. §8-27.7(b)(6). Applicant's Signature PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION if Part A has been dee ed that a Dder m nafon 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 (S 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 properly is clearly adjacent to arocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's _ proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Deparhnent hereby certifies the structure(s�Qr subdivisions) as exempt from those shoreline setback determination requirements �d under §8 7.8. -3- 3rosns Neorbc i .I LalLe U' ah 81051 tvznkz: �P�itiu Tl'..3iii1}�t1a Kobv.ra,1If 96"r 56 1 r t Fyne i51_ s C>ts 1,Te31 , (JiD"a, £ r i_a, Islands ard;,) Cc.R atr of Ka ua St. tiwvva.li a?, Its ^:I?; 7 •a, : i= 3ialrc ,iz s *�J1�i?F aid to fire: rl*��# J,rva es_. z�n the �}a; 1icsr t'st}rhai;�ar�,- and a 1 lfl at'; ns ri,cessary too a-17 an gf4�Verj.rMe4a,�J,perm s �'ixtin� t=v tEuSd i;u., dr• 1a.?tr'1i ittd o th� foFnwI nF; ?e.r i.s and i;, .aI s .r.U,U. 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'a it sre dads r t y,. deIarLi.iot7€:;a z k, .oard' -o s_e at t tLheS.a H2%v, :i, 'tt;t"t..t �.t� itt't.c *+i' it :ir n:errl' r(e .:(t't. Ol r 'Si4tti: L)C 3 a st 1 =. i. - pm rs,, �jfr %. A, _ , „ ,. -c'u i5 bx ,.,-.. ,M �Wose�i nv�nj�i N'n ose aesuoe o .. �_ H Jll S213N1?JVd ' U� as�sa iro 3ON301d8BS0 CN S N x d PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201- Acceptance Date: j Websile PostingDate: 1,3 i Determination Date: Piarming Conmmission Date: Expiration Date: Planner Assigned: Instructions: File all information requested carder Patt A for processing the Detennivation of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information Applicant: ice o . -t ePA . Mailing Address: Applicant's Status: 43V8, F�lt'e;(� (Cheek one) `70z. 1k3. 014gi70 Phone: Email: Ga3K -'it '3 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 Information (attach additional Tax Map Land Area: 5 GIS'7 r. Nature of Development: (DescriptionoFproposed y _, i . 1 t structure or subdivision) �aC.An c! Ar"� lt'a'U'01C- -4c'.4(-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 be accompanied by additional information, photos and/or documentation. 1. Property is Abutting the Shoreline ❑ Proposed project's approximate distance from shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): 4 2� 0 1}. 3. Additional Information: ❑ Shoreline Change (Erosion/Accretion) Rate: ft./year (Information available here: �ywev.soest.bawaii.edu/eoasts/Icauaicomity/KCounty html) ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline mid this parcel: ;a�,r i daa-� jnr,,,�bar raaci/ hesMros*�s �. 1 aVl.aw �,',vwvlt Flaw" Bore 8�We A I f r 1 GA A� . rk, � L i S.z wv '*vv ��� of 6 ' ❑ Topography (undulating; flat, slopiete) and e�r'otund elevation of and Highest elevations)_ t �aci �w= — ( tk _mob ae Lz'A ❑ Shoreline Lype (e.g. beach,duune, rocky, sandy with rocky outcropping, eta_ Artificially armored Shoreline ❑'If checked, what type of armoring (e.g. seawall, revennent, buhdiead): L r ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? _14 D ❑ Has this property been subject to coastal hazards (i.e. flooding, erosion, tsunami, etc.) in the past? PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature Setback Det ❑ SetbacV, et Requirements of Ordinance No. 979 are applicaUle. of Ordinance No. 979 are not applicable. fi'Part A has been dAemed t at�aHetenninaYion will Ue necessary, the additional information will be required for submission of this applfea on. Part B ❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement detail's, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) 2- sn�m PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Exemption Determination ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `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 will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the shucture; increase the size or degree of non -conformity; or intensify the use of the structure or iYs 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. ❑ Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). Exemption Determination (to be completed by Planning (Department) Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed ddY// shuctme(s) or subdivisions) as exempt from those shoreline setback determination requirements car aUlished mxder so-27.8. ❑ Pursu"o §8-27.7 the Kauai County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline sroK 'ea. While e npt from those shoreline setback determination requirements established under §8-27.8, the shucture 's bject to the con 'ions of §8-27.7(b). (See pg. 8) g ire or r d siRnee Date C 3- �rzi�v J S G2.` P0S i I n''i I ry l PU Si — .--� ['esSY lPDST I C jT-j (1 r r, 1111r FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: G Determination Dale: I Planring Commission Date: r Expiration Date: Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information Applicant: Aloha Ke Kai Coffee & Juice (CMKZ, LLC) Mailing Address: P.O. BOX 363 Phone: 808 632 0724 ELELE, HI 96705 Email: A lictu is Status: (Check one) 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, Owners must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: AUGUST 167 20V Project Information (attach additional sheets, if necessary) County Zoning District: L Tax Map Key(s): 2-1-03:40 Land Area: 1.710 An. Nature of Development: (Description of proposed structure or subdivision Conversion of storage space into Coffee and Juice Shop within an existing space (8B) in the Port Allen Shopping Center. NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §5-27.8(c)(8) Part A Shoreffue Setback Determination of Applicability (§8.27.1) Cbeck all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1. Property is Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): ft. 2, Perty is Not Abutting the Shoreline roP Proposed project's approximate distance from shoreline (based on aerial map): 470 ft. 3. Additional Information: Shoreline Change (Erosion/Accretion) Rate: N.A. ft./year (Information available here 11 w= i Ir .edn. a cr 1 n� t < tail i . ig) Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: I Roatlway: Port Allen Small Boat Harbor Road TMK: 2-1-03: 10, por. (12.171 Ac., State of Hawaii) ITMK:2-1-03: 24 (28,811 sq. ft., A&B Properties) 1- C DEPARTMENTPLANNING SHORELINE Shoreline type (e.g. beach, dune, rocky, sandywith rocky outc Rocky shorline cliff 20-25 feet high on parcel 10 Artificially armored Shoreline rj If checked, what type of armoring (e.g. seawall, revetment, bulkhead): (IH�J Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): Is property in coastal floodplain (if checked, what zone)? y '!1m this propeg been subject to coastal hazards (i.e. flooding, erosion, Is in PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature by// 7 Signature Date ,� Setback Determination necessary. Requirements of Ordinance No. 979 are applicable. MI of Ordinance No. 979 are not applicable. or If Yart A has been d erred t t. determination will be necessary, the additional information wilt be required for submission of thisap 'cat Part B �✓ A non-refundable processing fee of one hundred dollars (bi4?I OO) shall accompany a request for determination. (§8-27.8(e)) An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑✓ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑y Building Permit Number (If building plans submitted) i-1 •- '� -2- sinn, PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Exemption Determination Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or WE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. 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 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (B) The repairs DO NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law. ❑ Letter from the Department of Public Works stating that the proposed project does NOT constitute "Subsfttntial Improvement," pursuant to §B-27.2 (]f applicable, will require valuation of project). �' Pursuant to §8-27.3 [he Kauai County Code, 1987 as amended, the Planning Depanmen[ hereby certifies the proposed stmc[ure(s) or subdivisions) as exempt from [hose shoreline setback determination requirements established under §8-27.R. ❑ Paso t-to §8-27.7 die Kauai County Code, 1987 as amended, the proposed suucture(s) is permitted within the shoreline setb 4a. While e 6from those shoreline setback determination requirements established under §8-27.8, the pr ose�strucn (s is ibj! ct to the n r s of §8-27.7(b). (See pg. 8) 0 3- einn, AUGUST 10, 2017 TO: COUNTY OF KAUAI STATE OF HAWAII RE: ALOHA KE KAI COFFEE AND JUICE @ PORT ALLEN SHOPPING CENTER SPACE 8B 4353 WAIALO ROAD TMK: 2-1-03: 40 ELEELE, KAUAI, HAWAII 96705 OWNER: CMKZ, LLC (DONNA RICHARDS) P.O. BOX 363 ELEELE, HI 96705 TO WHOM IT MAY MAY CONCERN: As the owner of the above establishment, I hereby authorize Avery Youn, Architect, to prepare plans as necessary to develop the above project, and to apply for all Building, Zoning, Shoreline Setback, Special Management Area and all other permits as required, and provide amendments as needed to obtain such permits, Owner, CMKZ, LLC i Piz at" N of Lei t �7 Date August 1 D, 2017 Mr. Michael Dahilig, Director Dept. of Planning County of Kauai RE: SSD DETERMINATION FOR ALOHA KE KAI COFFEE AND JUICE @PORT ALLEN SHOPPING CENTER SPACE 8B 4353 WAIALO ROAD TMK: 2-1-03: 40 ELEELE, KAUAI, HAWAIJ 96705 OWNER: CMKZ, LLC (DONNA RICHARDS) P.O. BOX 363 ELEELE, HI 96705 Dear Sir: Attached is a request for a Shoreline Setback Determination for the proposed Coffee Shop. An Exemption 2 Determination from the provision of a certified shoreline survey is being requested for the following reasons: The project does not abut the shoreline and meets the requirements for an exemption in that: a. Proximity to Shoreline / Properties in Between There is a roadway and two parcels between it and the shoreline. TMK's: 2-1-03: 10, owned by the State of Hawaii containing 12.191 ac,) and TMK: 2-1-03: 25 (owned by A&B Properties and containing 28,811 sq. ft.) and the Port Allen Small Boat Harbor Road lies between the subject parcel and the shoreline. The distance between the shoreline, across both lots to the roadway approximates 280 feet, with the road R.O.W. width being 40 feet. Space 8B is approximately 150 feet inland from the roadway, thus making the distance from the shoreline to the project approximately 470 feet (See Exhibit C). b. Topoeraphv / Elevation: The site topography begins at 30' MSL on the makai boundary and rises to 40' MSL on the mauka end, The length of the parcel is approximately 370 feet, thus the site has an average slope of 2.7%. The finish grade (floor) elevation of Space 8B within the existing Port Allen Shopping Center is at 35.68 feet above MSL (See Exhibit G). Because of its inland location and the elevation of the site, being between 30 and 40 feet above MSL, the property has not been subject to any coastal hazards. c. Rockv Shoreline: A strip of the State owned parcel ( : 2-]-13:10) which is part of the Port Allen Small Boat Harbor, abuts the shoreline, which is a rocky cliff approximately 20 to 25 feet high. d. Flood Zone: The project site is not within the AE or VE Flood zones (elev. 12'MSL)I as delineated in the Flood Hazard Map (See Exhibit E), and the location of the proposed shop being at 35.68' above MSL, is way above and outside of the Flood Zone. e. Beach Access: The project or property does not affect beach access, which is provided by the adjacent Port Allen Small Boat Harbor Road. f. Coastal Hazards: The site, due to its inland location, the cliff at the rocky shoreline and its higher elevation above sea level, has not been subjected to coastal erosion or hazards in the past, even during storms or natural disasters. In addition to the above, the proposed project is an interior renovation, converting a storage space into a coffee shop, located within an existing building complex that was constructed in 2003, In conclusion, the project and site meets all of the requirements to qualify for exemption one. Therefore, we humbly ask for your consideration in exempting this project from the requirement of providing a certified shoreline survey. Sincerely, r� Ake Yo /, Architect PLANS TOO LARGE TO SCAN ON FILE AT PLANNING DEPARTMENT UPON REQUEST PLANNINc,:t1M1'ARTArlENT aHORELor SF jf LICA'TION 17 AUG 17 M2 :Z8 FOR OFUICIA14 USE ONLY: SSD .Acceimaea Dalct Website P O�L'ul2 bate; Detumination Date: % E iamdo,g, Conmiis$iwi bate: Planner Assi Instructions: Pile alt information requested under Part A far processing the Delerminattipn of Applicability (fig-a7.1), including signature page. till out Parts A and B if you know that Your parcel will require it Certified Shoreline Survey, dite to the proximity to (Ileshoreliine. If you are proposing a permitted structure or subdivision within the, shoreline setback area fill in Part C. For applications iri olvimg,a variance, complete Part D. Lttormatiuu Count}' Zoning Disnict RE 1'ax \4ap hey(s): Land Area: 37 Natures ofDevclnpntent; ItxEerior renovation at Buiidi^g B - (cut nsw (Ilescription of ln'oposeti ariloining space to bs used as storage - structure or subdivision) NO t'CILMI'I:S WILL 6E+' ISSUIsD WI'I`HOIJT PLANNING= COR'Ii�I►SSION ACCIr.P`CANGP;, P:%CEPT AS PROVIDED IN §8-27.t3(c�($} Part A Shoreline Setback Determination of Applicability (§S-27,1) Chec&all thal apply, till in applicable information. Any box checked must he accompanied by additional iorormafion, photos amdlor documentation. I. Properly is Abutting the Shoreline LA Proposed prcicct's appi o-ximate distance bent shot01uto (bzue(I on aerial map): 4W A. ?. Property is Not Abutting the Shoreline [] Propo-e<I prgicct's approximate distance from shoreline (bused on am4¢tl map): ft. 3. Additionallnformatiow Q. Shoreline Change (F,rosioiVAccretion) Rate: V2nes _ ft)year see attached (Information asailallic hcie: a swsnest.hawnii.edulcons�s+l;anouountldKCountv.hunl) [� Number and description of pareets (including roads, buildings, structures) bemeen Shoreline mid this pacel: -7- a Aq PLANNING D11TAIt'IxMENT SHORELINE SETBACKAPPLICATIOIN �j,OY 11PQ Topography is flat but slopes up from shoreline to the Club room elevation at 45.0` Shoreline is sandy with rocky outcroppings ❑ Arti[�ci.zlly armored Shore -line ❑Ifchecked, wltattypo oranporing(e.g.seatenll,revehnent,balkhead) _.__.. [.] is the armoring per mittedltnthorized'? ❑ Date ofemhoi intiott (enact eopy olIauthorizatimt letter):.. © Is property in coastal Iloodphtin (irehecked, a°hat zone)? ® I [-is this )repent been subieet to colst l hazar Is (f Iloodm - erosion, Istmami, etc) in th Unaware if property has be subject to coastal hazards in the past. rl,rnsr �orC: i f i Any ttu,ecpresentation oP intiumatiau in this shoreline sallrtck applicafi�!t will result in ret�acatiou �rthis d0tOrIn natI011 and may result lit fines anti criminal prusccntion, ApttlirrN's Signature Si,'nature' - - Dale Satbach Dctrrmiaation necessary. kequirentems of Ordinmtcc Nu. 179 acre applica0le. Selback Det "ntin lion is NOT necessary, Requirements of Ordinancc No. 979 Lire not applicable. 17ate 2- PLANNING DEVARIA111ANT r S110RHANI S ,7IIACK DETERMINATION IfPart A has been deemed Ihat a Detennbtation wilt he necessary, tile additional information will be required for submission of this application. art B A non-refundable processing fca of one hundred dollars (S 100.O0) shall acmIII panv it request for de lei minor ion, (§8-27.8(e)) �] An aerial malAinage (ex. Goil gle Maps or GoogIe Earth) with n line drrnvn from the sholeIitIclvebel"It kill Iitic (approtilit tile shoreline) to the proposed project and tire calculated distance in feet. ® A detailed Plot Prim to settle with ct[I existing and proposes( stiuctmes including driveways, visible lot eovera;;e, setbacks and moasurcimni details, fences, gates, and galls, etc. [y� 13ulldingPannitri'mnbor([ibuilJing, plans submiued) 1p ' 11— 13SS hsempilou Daeruiillationt ❑ Exemption I to cases tncCre (Ise }n'oposed structure or subdivision satisfies Iu follo'tring lour criteria: (A) In cases where the proposed structure ar subdivision is located outside of till FCdefal Fmmgcncp A faniigement Agency (FLIMA) Flood Insurance Rate Map (FIRM) 'V' or `VEP flood zones; (I3) The proposed stmetme or subdivision is located Of an elevation which is thirty (30) feet above sea level or gmatcr; (C) The itppliamt can dcalorWrnte to the satisfaction of the Planning Director ([lilt the property is clearly adjacent to a tacky shoreline and that it ivill not affect or be afected by coastal erosion or hazards; and (D) The shoreline setback shall he sixty (GO) feet from the certified sliore one which has been established not more than (fiely@ (12) months From the date or the application Cor the exception under this section. ❑ Is'xemplina 2 In oases tvhera the applicant can detucrosti;rte to alto sxtislitction ofthe Planning Ditvetor that the applicant's proposed structure or subdivision wild not affect beach processes, impact public beach recess, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters, Factors to be considered shall include, but not bz limited tst, proaiulity kr the shoreline, topography, properties bet%NQcll shoreline and applicant's property, elevation, and the histor < of coastal hazards in the area. [ Exemption 3 'Those strucatrca and uses found cxantpt in table 3 (§5-27.7) ineludine tepahs mill rcnov;ttions that DP NOT enkage or expimcl it nonconforming structure. (sec po. 7) Letter from [lie Depaameut of Public Works stothtg that the proposed project does not constitute `Sub4antial Improvement," pursuant to §5-27,2 (If applicable, will require valuatinn afprgject) I'ursunnt tc ss 77 7 the haun'i Comity Code, IY37 t nnutdul, tlw Planning Dyrarinrcnt hereby let ti Flcs thu proposed sinuclure(s} rr sal. divisr ru(s} ns exenryN from frost .horc(ine xctbacl. detennit ,Utnn requirements established under §S 27.5. ❑ farsuau a §� 7.7 the E 'i County Coda, 1937 its amended, the proposed Wticlurcis) is pennitted within the slwrelinc setha area. A bile e Ill it will those shoreline setback determination rcquircinents established tmdci s§8-27.8, the nor sell 'its �ti a f It (s) net to the condntotis of §3 27.7(b). (See ligg. 8) ' ' �� - ---P.. - Phu ti rg Direc 7r iesie ee Date - ❑ Addio mal c nun ntslcouclitions: PLANNING DEPARTMENT r9HORELINE SETBACK INFORMATION "fable l., {"Phis zah(e is inehrJulfor zlluctrcrtfre purposes onh'.) Lots Included in the Kaus'i Coastal Erosion Study. The distance in feet of the shoreline setback line as measured from the certified shoreline based on the average lot depth in feet. LOTS INCLUDED IN I��UA`I COASTAL EROSIO\' STUDY Average Lot Depth View Setback Line less that: 140 feet 40 feet plus (70 X animal coastal erosion rate) plus 20 feet (<140 tut) Greater of: 140 feet to 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (140-220 feet) -or- (Average Lot Depth minus 100 feet) -- by 2 plus 40 Greater of. Gieatci than 220 feet 40 feet plus ('70 X annual coastal erosion rate) plus 20 feet (>220 tied) -Or- 100 feet from the certified shoreline erosion rate maps from the County rvebsite at httnJ(www.soest.hawaii.eala/cnastslltau.ticoni v/KCounty.h(mI Table 2. (T1tis !able is includedfard ilTuslrrafive purFoses only.) Lots Not htaluded in the haua`i Coastal Erosion Study. LO"I'''s NOT INCl1UDED IN KAUA`I COAS'I��L EROSION STUD' Setback Calculation Non -Abutting (Average Lot Depth-100l2+40) Subject to the Following: For tots with naturally occurring rucA> shorelines. l the shoreline setback line shall be no less than 40 feet. For all other lots. ` the shoreline setback line shall be no less than 60 feet. 3 For all lots, the masimmn setback that can be required shall be 100 feet. Lots. if an Applicant is unable to secure permission from the abutting landowner to complete a certified shoreline for anon -abutting lot within approximately five hundred fifty (55(1) feet ofthc. shoreline, the (Tanning Director may, pursuant to §5-4.3; impose conditions to zoning permits to i neteasc setbacks where evidence exists that a proposed strucunre may be affected by coastal hazards or erosion. -6- eavn PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION rebut . "This table is presented for Eaeiuption 3 (§5-27.7). Permitted Structures within the shoreline setback area (a) I'.I10 following Siruotures are pen ntried in the shoreline setbacl: area. All structures ad'oi landscaping not specifically permitted in the section are prohibited without a variance. (IT Fxisting conforming and nonconforming structures/activities (2) Structure or activity that received a shoreline variance or administrative approval prior to February 26, 20083 (3) A structure or activity that is necessary for, or ancillary to, continuation ofayn-iculhire or aquacultwe existing on the shoreline setback area on June 16, 1939. (4) �'Temporaiy structures" as defined in section 5-22.2. To ensure that there Will be no irceVo-Sible or long-term adverse effects, the Director shall require as a condition of a permit the restoration of the site to its original condition on better, and the Director may require abond 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 niter rl beach processes; provided that pernritted structures may be repaired, but shall not be nlaraed within the shoreline setback area without a variance. (6) Repairs to a lawfully existing structure, including nonconfmrnnig structures, provided that: (A) '1 he repairs do not enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (13) The repairs do not constitute a substantial improvcmcnt of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, budding code, iloodplahr manaement regulations, special mane emerit 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. (S) A structure approved by the Director as a mhior structure. (9) Qualified demolition of existing structures, (10) Unmanned civil defense facilities installed far the primary purposes of: (i) warning the public of emergencies and disasters; or(ill measuring and/or monitoring geological, meteorological and other events. (11) Scientific studies and surveys, including archaeological surveys. (12) Structures built by a 3overamental agency to address an emergency as declared by the Governor of the State of Hawaii, the tl aN Ell of the County of Kauai or any other public official authorized by the law to declare an eniergencV (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 Rerdsed Statutes. -7- PLANNING DEPARTMENT HORELINE SETBACK INFORMATION (b) The following conditions shall apply to any new structure permitted in the shorehne setback area. (1) All netn structures shall by constructed in accordance with the standards for development in Chapter 157 Article 1,Hood Plain Management, Kauai County Code 1987, as amended, relating to coastal high hazard districts and FEMA guidelines regarding construction in areas Wrapped on Flood Imurance Rate Mips as flood hazard areas. (2) The applicant shall a_rce 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 arisin;=* orn ofdamages to said structures from a v coasti l natural hazard and coastal erosion. (3) The applicant shall agree in writill a 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 pennitted structure during its life, with the exception of approved beach or dune trourishment fill activities_ and landscape plturiing and irrigation located more than forty feet (401) horn the shoreline. (4) Unless otherwise provided, all new, shuctures and/or landscaphtg 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/ormovenrent 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 Chapter205A, as amended, and shell be designed and located to minimize the alteration of natural landforms and existing public views to and along to the sltoreliue. (b) 1 he requirements of this Subsection (h) shall tun with the land and shall be set forth h1 aunilateral agreement recorded by the applicantivith 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 5-27.8. A copy of the recorded unilateral aereentent shall be filed with the Director and the Comity 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 sash with the Director shall be a prerequisite to the issuance of ally related building permit. z Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr. Managing Director Lyle T 41atar Acting Gouulyl,�ng DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaj7 AUG 15 P 3 :15 4444 Rice Street, Suite 275, Lihu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 - August 14, 2017 M r.0 tin J — I_ Kawailoa Development LLP PO BOX 369 Koloa, HI 96756 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION GRAND HYATT RESORT AND SPA — GRAND CLUB ROOM RENOVATIONS TMK: (4) 2-9-001:002 To Whom It May Concern: The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed Office and Club Room renovations located in Building B of the an Hyatt Resort and Spa. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value There were 6 other building permits for the structure within the past 10 years. The first permit was approved in 2010. Therefore, the market value used in the calculations is the 2010 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by County's Real Property Assessment Division. The 2010 RCNLD was determined to be $40,371,510. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation), An Equal Opportunity Employer Grand Hyatt Resort and Spa , .., Shoreline Setback Application —Substantial Improvement Detenvination � i August 14, 2017 i Cost of Improvemeuts The cost of past building permits is taken to be the valuation shown in DPW Building Division records. The total cost of improvements for the proposed Office and Club Room renovations located in Building B is taken to�be the estimated value of $200,000 as shown on the Building Permit Application. The total cost is summarized as follows for the past 10 years: BP 10-0835 $1,025,000 ' jBP 10-0836________________,_-___-_-______-__785,000 BP 10-0837 $785,000 BP 10.0838 _ __; ________________9Z5,000 i BP 15-2387 $50,000 BP 16-1015 $100,000 i BP 17-1355 (CURRENT) i $200,000 TOTAL COST $3,870 000 ; Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $3, 870, 000 Market Value Real Pro e = 0.096 or 9.6% ( p rty): $40, 371, SIO Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamotona,kauai.gov. Sincerely,�/ � ��,,** MICHAEL MOULE, P.E./ ` Chief, Engineering Division SIIB V Copy: Design and Permitting Planning Shimokawa &Nakamura 1580 Makaloa Street, Suite 1050 Honolulu, HI 96814 h ��a= �' .A�_o i Ci m May 12, 2017 (Revised) Project: Grand Hyatt Kauai Resort &Spa -Grand Club Room Renovation Scope of Work Summary Proposed scope of work is to cut an opening in the existing Club Room (located in Building B) wall to connect to the adjacent existing guestroom. The bedroom area will be used as Storage area to support the functions at the Club Room and will minimize Hyatt's workers needing to replenish supplies from Hyatt's back of the house kitchen. Reference sheets A-10 & A-11. • Provide opening in existing concrete wall. Reinforce existing opening as directed by Structural Engineer. Patch wall to match existing. • Add new stairs (with handrails) to connect existing Club Room to the adjoining room that will be will be used as storage support for the Club Room. Rails to match existing. • Add flooring at stairs to match existing. • Re -locate existing sliding door to edge of existing lanai. • Add lighting as required in Storage room. • Add tile flooring in Storage room. • Existing toilet to remain for employee use. • Demo existing lav counter and replace with wall -hung hand sink. • Modify existing shower to accommodate a small ice machine. • Existing air conditioning to remain. • At Club Room: o Modify counter to accommodate an additional under -counter dishwasher. o Replace double -compartment sink with larger one -compartment sink. c Relocate existing refrigerator. Modify counter as required. o Fill in existing stair to existing floor elevation. (Area to be used for rubbish collection. Removal of rubbish will be from the existing door to corridor.) 1580 Makaloa Street, Suite 1050 Honolulu, HI 96814 808.955.3373 808.955.3374 fax www.snllc.us A TIG edg pucsuosegJmnrXI re 1 PL I - aqi to i Z)ZZ gveaudojana4 e011P.mx}7 _ ao3 ^ ✓ uorysnouag e 9nlD ptie.TD pae aog30 o a e o j l I Ins r �� i ---- f r-- — 1—h,-- � e II I i I I a / s Y . T/r �� t 2 / 4s I 3 — —J — —I— -T — T— \ , r- a a c li i� I I 1 411, III W i I i II I I I LIDZ bl'9 'jugmdOlg Oil� a ! \ Aar mpuu ± ~ y� ya. ,. ---- ---- . --�� -- 2--«—y---± . .� ,W, (, y� , ----/---± �\ �d »», \--- ^ �---- `e f > /\ » y \ —�--- y� a \\ » y / \ } ®/) c 9 Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr. Managing Director DEPARI MI' NT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, Lihu`e, 14awai`i 96766 TEL(808)241-4992• FAX(309)241-004 August 14, 2017 Kawailoa Development LLP PO BOY 369 Koloa, HI 96756 Lyle T a% 1 Acting Coin �n�i�ee�l Ci 'j"� Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION GRAND HYATT RESORT' AND SPA — GRAND CLUB ROOM RENOVATIONS TMK: (4) 2-9-001:002 To Whom It May Concern: The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section &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 Office and Club Room renovations located in Building B of the Grand Hyatt Resort and Spa DPW has determined that the proposed improvements do not constitute a substantial improvement. A smranary of the calculations follows. Market Value There were 6 other building permits for the structme within the past 10 years. The first permit was approved in 2010. Therefore, the market value used in the calculations is the 2010 Replacement Cost Now Less Depreciation (RCNLD) value for the structure as determined by County's Real Property Assessment Division. The 2010 RCNLD was determined to be $40,371,510. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). �n Equal Opportunity Employer PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201-F-- Acceptance Date: q,2 Website Posting Date: Determination Date: „2 Planning Commission Date: Expiration Date: oL Planner Assi ed: Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information Applicant: Kauai Blue Inc. - c/o Carlos Rivera Mailing Address: A plicant's Status: 2440 Hoonani Road Koloa, Hawaii 96756 (Check one) Phone: (808) 385-2389 Email: 0anos.Rivem@vistana.com ❑ Owner of the Property Q 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: nuaust n, 2on County additional Tax Map Key(s): 2 a ore: os Land Area: 8.444 acres (367,821 s.f Nature of Development: Room upgrades to specific ADA units located in both the Ocean Wing (Description of proposed structure or subdivision) and Beach Wing of the Sheraton Kauai Resort. 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, photos and/or documentation. 1. Pr �o_ /e�try is Abutting the Shoreline L—I Proposed project's approximate distance from shoreline (based on aerial map): 90'-135' 2. Property is Not Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): ft. 3. Additional Information: West=Ocean Wing/ South=Beach Wing ❑✓ Shoreline Change (Erosion/Accretion) Rate:-o.t(was') I1tsoutn7 ft./year (Information available here: www.soest.hawaii.edu/coasts/kaLlaiCOtLl KCOmtt .html ❑✓ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: These Buildings abut the shoreline. There is a pool and restaurants located on ground level at the center of the property between the Ocean Wing &Beach Wing. (See maps attached.) PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION Tomography undulating, flat, slope, etc.) and ground elevation iFlat with slight rise from ocean. Shoreline Beach with rocky outcropping. Artificially armored Shoreline �If checked, what type of armor ng (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): Is property in coastal floodplain (if checked, what zone)? AE and VE �/ Has this�flmperty been subject to coastal hazards (i.e_ flooding, er_osio_n, tsunami, etc.) in the past? !This property is located in the tsunami evacuation zone and floodplain and is subject to coastal hazards caused by inatural weather conditions. Hurricane Iniki and Hurricane We both affected this property in the past 35 years. PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature Rivera, Carlos = _ U9B9 =r-a1VCs Cars 8/16/17 Signature Date A p p licabili to be completed by Planning Department) Setback Det ination necessary. Requirements of Ordinance No. 979 are applicable. ❑ Setback etc inatiy is 4)iOT necessary. Requirements of Ordinance No. 979 are not applicable. "i � ctoror esrgnee 'i If Part A has been eemed ha ination will be necessary, the additional information submission of this apo n. Part B A non-refundable processing fee of one hundred dollars (x10%4A0} shall accompany a request for determination. (§8-27.8(e)) An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑✓ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑✓ Building Permit Number (If building plans submitted) Permit #17-094 & #17-095 -2- s/zi/i7 PLANNING DEPARTMENT SHORELINE DETERMINATION Exemption Determination Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the stmcture; increase the size or degree ofnon-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. ❑ Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structures) or subdivisions) as exempt from those shoreline setback determination requirements established under §8-27.8. ❑ Pursuant t .7 the Kauai County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setback ea. Wile exe in those shoreline setback determination requirements established under §8-27.8, the propose stn}eture(s) ist bjecbto the conditions of §8-27.7(b). (See pg. 8) -3- vstan SIGN4TIIRF EXPERIENCES 9002 San Marco Oow Orlando, FL 32819 vistana.com February 13, 2017 County of Maui Department of Planning 2200 Main Street One Main Plaza, Suite 315 Wailuku, Hawaii 96793 Re: Authorization of Carlos Rivera Dear Sir/Madani: This letter shall confirm the authorization of Carlos Rivera to apply for all permits, including zoning, on behalf of Kauai Blue, Inc. Kauai Blue, Inc. is a wholly owned subsidiary of Vistana Signature Experiences, Inc. If you have any questions please contact my office at 407-418-4138. Thank you for your attention to this matter. Kind regards, VSE Pacific, Inc. ems Ebri11 Senior Vice President �>TV ,a -. ,%� %z,> IN I i% LIST IN,, �,��A JLV � I� p ,�,+��ir zTTIN . If \s %Tq H `INVII ,. 3 III N,FNVIT CJ W LL1 If w. '* � fi ..-1. i v >.4 NJ= IN c ,— a:,p.f, r� e� 5 w zt AT I JVN,,NLa V V7 x $ f TV, y,�a �' . VV,Ti �l4)IN l �. f �' Me IV Vz% If I NJ ITT x 5NJJ VV, x Q ' bb s �3 Ir If LIN NgINo T,� b � p i �If blt �� ' 1 , ar t nL n r ty -� I 6r� Y g "r T. 11 _ Ali5T ..: i� r f� e I{ 3iii 1 ��`If IN I r' It �. i V ifv,NION, I- IN IN I TV' �` I IN IT If f S a , f 1' `' Itt NK, TV INT IN ' - ry, 4f r .. j art ,IS FJI,w "`� syr� S INTO." \' t yfi a e" ecAT I `_ .. .'fix. 3 f r . s IT I II ITT If I4 IIt N TV %%�c + 6. S , 4 r� f; 5 r .TIVN - £ EVZI t,. i' i If %ti tTV NO NNY 1, IN OLTIt� to �� 'r w NfL o rL "�� ! VI T 0 CL 1 NI I{{ 4rp 1',% d IN t C` rll PLANS TOO LARGE TO SCAN ON FILE AT PLANNING DEPARTMENT UPON REQUEST ,. PLANNINGDEPARTMENT 1.: i FOR OFFICIAL USE ONLY: SSD 201 _- Acceptance Date: Website Posting Date: Ulf- / Determination Date: 7- anning Commission Date: Ex iration Date: Planner Assigned: ]nstructious: File all informafion requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A �licant Infgrmation I' Applicant: Elizabeth Kendrick c/o Jon Kegle Mailing Address: Applicant's Status: P.O. Box 617 Kapaa, HI 96746 (Check one) Phone: Email: 652-0015 jon co entd.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 date of filing of this application. If not, Owner lease of five (5) years or more from the s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: 31 August 2017 NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSII�N ACCEPT. EXCEPT AS PROVIDED IN §s-27.s(c)(8) rrs Part A� Shoreline Setback Determination of Applicability (§5-27.1) I '" Check all that apply, rill in applicable information. Any box checked must be accompanied,.by additional ini photos and/or documentation. C ! 0 1. Property is Abutting the Shoreline 1 ❑ Proposed project's approximate distance from shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline ® Proposed project's approximate distance from shoreline (based on aerial map): 430' ft. 3. Additional Information: ® Shoreline Change (Erosion/Accretion) Rate: .2 ft./year (Information available here: ve. w socst.h vaax. 9u/eon is/kastaa n t r B4�osi .tianil) ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: Steep property -1- ® To�oraphy (undulating, flat sloe etc. and ground elevation of j Subject property is a mix of relatively flat lawn areas and steep cl' ® Shoreline type (e.p_beach, dune, rocky sand with Shoreline at Kalihiwai Bay is a mix of sandy beach and rock outcroppings. The shoreline below the subject property is a transition area from sand to rock. ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? ❑ Has this property been subject to coastal hazards (i eAlooding, erosion,_Is PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature -2- si:n, i 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 ® A non-refundable processing fee of one hundred dollar9;`il''l0-,ilR3) shall accompany a request for determination. (§8-27.8(e)) ® An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ® A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) Exemption Determination ❑ Exemption 1 Incases 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) including repairs and renovations that DO NOT enlarge or expand a nonconforming structure. (see pg. 7) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project) (�/J Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed / strucmre(s) or sub>ivision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. t7,7t ❑ Pursuant to §KA'inty Code, 1987 as amended, the proposed stmcture(s) is permitted within the shoreline setback area.mose shoreline setback determination requirements established under §8-27.8, the proposed strshe conditions f 8-27.7(b). (See pg. 8) Planning b it to r signee Date ❑ Additional orn is itions: -3- Z u_ ® J O O r K •o O Q y N O O YY N PDoN ayoHx ® OLL O. z Y N Y v .Y6'6EZ_ ,L666 .6E.00.6EE N3L 1Now AI Dav y / i y i3 5 � d