PD RECOMMENDATION REPORT (PL-REZ-2021-005)

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■ Within reasonable limits, any natural and man-made features of community value are preserved. As stated above, potential impacts associated with this project development such as traffic, drainage, and other design concerns will be mitigated through conditions of approval. Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, sewer, water, drainage, school improvements, police and fire protection, and other essential services. The proposed PD zone change would allow for uses that complement the surrounding resort uses in the area. 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 `DASH" 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 (AIS) 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 which concluded in a Biological Survey report dated May 2021. The report, which was submitted with the application, included results of field surveys conducted in May 2020 and November 2020 for the entirety of the project area. The valuable cultural, historical, and natural resources found in the PD 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 the Kumu Hou PD area. The 14 sites identified in the AIS include nine (9) sites previously identified in archaeological studies of the area and five (5) newly identified sites, all of which were assessed as significant under criterion"d" (yielding information important for research on history or prehistory). Of these, three (3) sites have also -12-