PD RECOMMENDATION REPORT (PL-SPP-2022-000027)

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initially established. According to a letter dated June 17, 2008, the Planning Department confirmed receipt of the applicant's letter stating that they secured and finalized all building and electrical permits for the auto repair shop. Further,the Planning Department confirmed that county records indicated that the applicants had complied with all timed conditions within the permit as of that date.Based on the above considerations,the amendment request would not be contrary to the original reasons for granting of the permit. 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: Investigation of valued resources: No archaeological inventory survey or flora/fauna study of the property was conducted due to the significantly developed nature of the property. Furthermore,past ground disturbance activities within the property,which included backfilling, would indicate that the potential for subsurface archaeological resources is unlikely. The valuable cultural, historical, and natural resources found in the permit area: The subject site is not adjacent to or proximate to the shoreline. As such, there should be no impact on fishing and/or coastal access. According to the applicant,there are no known customary or Native Hawaiian cultural rights exercised on the property.Furthermore, there are no known archaeological or historic resources on the property and the flora/fauna found on the property are largely introduced species consistent with that of an urban area, thus not considered to be particularly culturally significant. By letter dated January 31, 2013, the State Historic Preservation Division (SHPD) determined that there are no previously identified historic properties in the vicinity of the project and that no historic properties will be affected by approval of this request. Possible adverse effect or impairment of valued resources: Given the lack of valued resources identified on the property, it is unlikely that such resources will be impaired. Feasible actions to protect native Hawaiian rights and valued resources: To the extent to which traditional and customary native Hawaiian rights are exercised, the -4-