PD RECOMMENDATION REPORT (PL-SMA-2022-012_Amend SMA-07-024)

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paid in full. Furthermore,the applicant has conducted an updated TIAR as required by the Concurrency section of the Zoning Code and finally, there are two (2) civil defense sirens in the immediate area, one located in the White Sands Beach Estates subdivision approximately 1,450 feet to the north from the subject property, and a second siren located approximately 3,100 feet to the south near Kahalu`u Beach Park. Based on the preceding,the granting of the requested time extension would not be contrary to the General Plan, Kona CDP, or the Zoning Code. The granting of the time extension would not be contrary to the original reasons for the granting of the permit. SMA Permit No. 07-024 was approved by the Planning Commission with conditions based on the criteria for approving a Special Management Area Use Permit. Namely, the Planning Commission found that the proposed project would not create significant adverse impacts upon nearby and immediately adjacent properties,the project was consistent with the General Plan and the Zoning Code, the proposed project was consistent with the objective and policies provided by Chapter 205A, HRS and SMA Guidelines contained in Planning Commission Rule 9, and,with appropriate mitigation, the proposed project would not have any negative impact on visual and scenic resources,recreational resources, shoreline and nearshore resources and archaeological,historical, or cultural resources on the subject parcel. The scope, design, layout, and phasing of the project approved by the Planning Commission has not significantly changed since the permit was granted. Granting the time extension would simply provide the applicant additional time to secure an alternative funding source and develop the project. Thus, the time extension request is not contrary to the original reasons for granting the permit. In view of the Hawai`i 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. These 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: The applicant has submitted the following studies from which the Planning Commission can determine the valued natural, cultural, and historical resources in the project area: -5-