PD Recommendation Report (PL-SPP-2023-000031)

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The proposed use will not substantially alter or change the essential character of the land and the present use or unreasonably burden public agencies to provide roads and streets, sewers,water, drainage, school improvements,police and fire protection. As stated above, the proposed use is consistent with the industrial type uses found in the immediate vicinity, thus the time extension to allow the completion of uses permitted by the subject Special Permit will not substantially alter or change the essential character of the land and present use. Conditions of approval require the applicant to develop the proposed and any additional uses consistent with existing State and County requirements, including access improvements meeting with the approval of DPW and compliance with State Department of Health requirements (including wastewater improvements and water well development). Additionally, the Director recommends adding two new conditions charging the applicant to comply with DWS and Fire Department requirements outlined in their comment letters prior to receipt of Certificate of Occupancy. The request is no contrary to Chapter 205A,Hawaii Revised Statutes relating to Coastal Zone Management. The project site is not proximate to the shoreline and is situated outside of the SMA. Thus, the property will not be affected coastal hazards and beach erosion. There are no identified recreational resources, historic resources,public access to the shoreline or mountain areas, scenic or open space preserves, coastal ecosystems, or marine resources on the subject property. 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: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. When the property was originally rezoned in 2003, the Department of Land and Natural Resources-Historic Preservation Division stated that no historic properties will be affected by the project. 5