PD BACKGROUND REPORT (PL-SPP-2022-015)

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H. COASTAL ZONE MANAGEMENT The requested Special Permit, if approved, will not be contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject property is not situated within the Special Management Area, being located about 4 miles from the nearest shoreline and is not subject to any coastal hazard nor anticipate to have any adverse impact upon coastal resources such as coastal recreational and marine resources, coastal ecosystems or the public use and recreational use of any beach. There is no record of a designated public access that traverses the subject property, which is maintained as a private residence. As the subject property has been extensively altered and improved as a residential homesite, the Applicant can definitely confirm that native Hawaiian cultural practices are not being exercised within the subject property. Therefore, it is not anticipated that approval of the request will have any adverse impact on cultural or historical resources in the area. The subject request is limited in scope: to allow for tennis lessons to be conducted on an existing tennis court facility located at the Applicant's home. No additional land, natural resources or public services and utilities will be required in order to support the requested use. Therefore, this request is supportive of the County's efforts towards properly managing development. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. 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. As the subject property is located about 4 miles from the shoreline and has been significantly altered to accommodate the existing single family dwelling, swimming pool and tennis court, the Applicant finds that no valued cultural, historic, or natural resources related to traditional and customary practices were identified within the subject property, and no traditional and customary native Hawaiian rights are exercised therein. For similar reasons, the Applicant could not identify any such valued resources within the subject property. For these reasons, the Applicant could find no evidence of any possible significant adverse effects or impairments that will occur to any valued resources should this Special Permit request be approved. While no on-site improvements are anticipated as part of this request, should the Applicant inadvertently encounter any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, the Applicant 16Page