PD RECOMMENDATION REPORT (PL-SMA-2021-000003)

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conservation measures for new, large scale development projects; ensuring the quality of South Kohala's groundwater and marine resources (including the expansion of water quality monitoring); providing support for water and wastewater facility upgrades; promoting the prohibition of future injection wells in the SMA if wastewater is not treated to an R-1 level of water quality; fostering the preservation of scenic views and landscapes, and conducting all activities and uses with clear environmental stewardship and sustainability methods. While many of the preceding are not explicitly directed at 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) zoning district to Single- Family Residential (RS-10) zoning district for 7.3-acres of land identified as Site L2 of "Area A." The Single-Family Residential zoning district provides for: moderate density residential use and applies to areas with developed community facilities. The applicant intends to create 25 single-family residential lots and accessory development which are all permitted uses in the requested Single-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 -i0-