PD RECOMMENDATION REPORT (PL-SMA-2021-000002)

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resort areas, they are built into the proposed development proposal for the Kumu Hou proj ect. The applicant has concurrently submitted a Change of Zone request from the existing Multiple-Family Residential-8,000 square feet(RM-8), and Open zoning districts to Multiple-Family Residential-6,000 square feet(RM-6) zoning district for 38.6-acres of land identified as Site J1 and J2 of"Area A."The Multiple-Family Residential zoning district provides for: medium and high-density residential use. The applicant intends to create 294 timeshare units and accessory development which are all permitted uses in the requested Multiple-Family Residential zoning district. Therefore, the proposed development is consistent with the General Plan and with County zoning and will conform to the requirements of the zoning district relative to permissible uses, maximum allowable height, minimum yard setbacks, minimum off-street parking, and landscaping requirements. 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 change of zone request 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. 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 -11-