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Dr. Holeka Goro Inaba, Council Chair and Members of the County Council December 22, 2025 Page 4 prepared and submitted in accordance with the concurrency requirements for review and approval by the Planning Director and the Director of Public Works, as specified in Condition D. Based on the preceding, the proposed amendments meet this criterion. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The subject property is situated fully within the SMA but does not have shoreline frontage. On September 22, 2009, the Planning Commission approved SMA Use Permit No. 09-000034 to allow the development of a mix of 60 single- and multiple -family residential units and related improvements. The effective date of this permit was concurrent with the effective date of the subject rezone ordinance and is currently still in effect. The current proposed twenty-nine (29) single- family residential development is consistent with the approved SMA permit and will comply with all conditions thereto. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's Public Access Shoreline Hawai `i (PASH) and "Ka Pa `akai o Ka Aina" decisions, the issue of Native Hawaiian traditional and customary rights and cultural practices must be addressed in terms of the cultural, historical, and natural resources, and the associated traditional and customary practices of the site. The Ka Pa `akai framework requires that an applicant and approving agency identify, assess, and reasonably protect Native Hawaiian customary and traditional practices potentially affected by a proposed project. • Investigation of valued resources: In compliance with Condition M of the subject Change of Zone Ordinance, the applicant submitted an updated Archaeological Inventory Survey (AIS), which was approved by the State Historic Preservation Division (SHPD) in 2012. The AIS identified a total of 52 archaeological sites, including 9 possible burial sites, 6 non -burial sites recommended for preservation, and several others recommended for data recovery or combined mitigation. These findings indicate the presence of wahi kupuna (ancestral places) and iwi kupuna (ancestral burials), which hold cultural and historical significance. The valued cultural historical and natural resources found in the rezoning area: A Cultural Impact Assessment (CIA) was originally required as a condition of the initial rezoning request. This condition was later determined to have been satisfied, as noted in a letter from the Planning Department dated July 18, 2012. The condition was subsequently removed when the applicant amended their permit in 2020. The AIS documented sites associated with traditional Hawaiian practices and ancestral burials. Of the 52 identified sites: