PD RECOMMENDATION REPORT (PL-REZ-2022-015_AMEND REZ-05-027)

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has previously recommended the following improvements at the intersection due to the additional traffic and activity on the roads from the cumulative effect of the land use change: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements The DOT had further stated that the intersection improvements should be made at no cost to the State and requested that plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. Based on concerns raised in 2006, the County Council placed Condition J in Ordinance No. 06 82 which prohibited the issuance of building permits for 24 months on the subject property until intersection improvements have been completed to the Kaloko Drive-Mdmalahoa Highway intersection. Surrounding rezones in the subdivision have only included a condition of approval requiring that the fair share fee paid for regional impacts to transportation,park,police, fire and solid waste facilities be allocated entirely for the County and/or State to improve the Kaloko Drive-Mdmalahoa Highway intersection. Based on the preceding,the Planning Director is recommending the removal of Condition J at this time. Lastly,the Planning Director is amending Condition L to update the fair share fees that will be contributed for the improvement of the Kaloko Drive-Mdmalahoa Highway intersection. The request is not contrary to Chapter 205A,Hawaii Revised Statues, relating to Coastal Zone Management. The project site is located approximately seven (7) miles from the nearest shoreline and is not situated within the SMA. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources,historic resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources on the subject property. In view of the Hawaii State Supreme Court's PASH and"Ka Pa`akai O Ka`aina" decisions, the issue relative to native Hawaiian 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: -4-