PD Recommendation Report (PL-SPP-2022-000025)

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■ Urban Uses in Ocean View: Uses consistent with the LDU, NIDU and Industrial LUPAG categories indicated on the Ka`u CDP Land Use Policy Map in Ocean View, until the SLU boundaries are amended(from Agriculture to Urban). Regarding Objective 2 of the Ka`u CDP, on the preservation of prime and viable agricultural lands, while there is a small portion (approximately 10%) of the 2.0-acre permit area that is designated prime agricultural lands, it is too small for viable, productive agriculture. Finally,while the proposed use is not listed as one of the uses that should be allowed with the granting of a Special Permit under Policy 40 of the Ka`u CDP, the Deputy Planning Director feels that since the proposed use will operate on a small portion of the subject property and for a limited time frame, and given the previously mentioned consistency with goals and policies of the General Plan, the proposed use can still meet the intent of the Ka`u CDP. The proposed use is not contrary to the objectives sought to be accomplished by Chapter 205A,Hawaii Revised Statutes, relating to Coastal Zone Management program. The Special Management Area(SMA) is part of the Coastal Zone Management Program regulated by the County. The property is located outside of the SMA, approximately 5 miles away from the nearest shoreline and will not be impacted by coastal hazards or affect beach erosion, coastal ecosystems, and marine resources. Additionally, there is no record of a designated public access to the shoreline or mountain areas that traverses the property. Based on the preceding, the proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management. The request will not have a significant 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: -10-