PD RECOMMEDATION REPORT (PL-REZ-2022-020)

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According to the Department of Public Works—Engineering Division, all development generated runoff shall be disposed of onsite and not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to the issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the construction of any proposed structures on the property. The applicant will also be required to comply with the County Flood Code. The preceding will be added as conditions of approval. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The subject property is located more than three miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, it is not known whether the subject property or immediate surrounding area have been used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians on the site or adjoining properties gathering plants and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical, or native resources in the area. The request will not have a signnificant adverse impact to traditional and customary Hawaiian Rights. 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: Investigation of valued resources: An Archaeological Inventory Survey (AIS) was conducted of the site in 2015. No professional flora or fauna surveys were conducted of the site. The property has been previously cleared and is overgrown with non-native plants and other invasive species. The property is located in an urban setting in an area dominated by single-family residential uses. The applicant does not believe that rare or endangered floral or faunal resources are on the site. -7-