PD RECOMMENDATION REPORT (PL-SMA-2021-000004)

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Section 25-4-11. Power lines,utility substations, public buildings. Sub section (b) states, "Any substation used by a public or private utility for the purpose of furnishing telephone, gas, electricity, water, sewer, radio, or television shall be a permitted use in any district provided that the use is not hazardous or dangerous to the surrounding area and the director has issued plan approval for such use. " The project site is located within an area adequately served with essential services and utilities such as private water, sewer, and other utilities. Conditions of approval of the concurrent PD rezoning will require the applicant to connect to the private utilities (e.g., water, wastewater) and provide local and area mitigation for impacts to the resort's private roadways and intersections and the State highway. Based on the preceding,the proposed development is consistent with the General Plan, SKCDP, and Zoning Code. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme Court's "PASH" and"Ka Pa`akai O Ka` Aina" decisions, the issue relative to native Hawaiian rights, such as gathering and fishing rights,must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: A Draft Archaeological Inventory Survey of the subject property was completed by Haun & Associates in May 2021 and amended in August 2021 and again in October 2021. A Native Hawaiian Traditional and Customary Practices Assessment was prepared by Christopher Monahan, Ph.D. in June 2021. In addition, a Biological Survey was conducted by Ron Terry, Ph.D. in May 2021 for the subject area. Finally, a Biological Survey report dated May 2021 by Geometrician Associates, LLC that included results of field surveys conducted in May 2020 and November 2020 for the entirety of the project area was submitted with the application. The valuable cultural, historical, and natural resources found in the permit area: The most recent draft AIS identified 14 sites with a total of 418 features, 13 complexes with two (2) to 240 component features within"Area B" of the Kumu Hou project area. No sites were found in"Area U. The 14 sites identified in the AIS include nine (9) sites previously identified in archaeological studies of the area and five (5)newly identified -12-