PD RECOMMENDATION REPORT (PL-SMA-2023-000027)

Home

by 1,972 sf and to provide twenty (20) parking stalls for public use." Staff notes that according to previous Planning Department determinations these 20 parking stalls for public use were considered extra, and not as a requirement for plan approval. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian rights, such as 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: The applicant notes that the subject parcel and surrounding area is fully developed, and as such, no archeological features or cultural resources would be found on the project site. The valuable cultural, historical, and natural resources found in the area: Based on the long development history of the subject parcel is highly unlikely that any historic sites would be found on the property. The parking area is within the Kailua Village core and is approximately 650-feet from the shoreline and ocean. The proposed request will not alter or change the current level of access the public utilizes to visit the shoreline and nearby Hulihe'e Palace. Possible adverse effects or impairment of valued resources: No floral or faunal species listed as threatened, endangered, or proposed for listing under the federal or state endangered species statutes were identified on the site. Additionally, no species used for cultural gathering purposes were identified within the boundaries of the subject parcel. The urban nature of the parcel and surrounding areas would make it less likely to find other protected or endangered animal life in this area. Feasible actions to protect native Hawaiian rights: Other than the use of the public parking area by native Hawaiians to visit Hulihe'e Palace and the Kailua Village, this proposed amendment will not have any impact on native Hawaiian rights and therefore no feasible actions need to be taken to protect those rights. This proposed request will not impact shoreline access or access to nearby archeological sites along the coast. Lastly, this recommendation for approval is made with the understanding that the Applicant remains responsible for complying with all other applicable government -5-