PD RECOMMENDATION REPORT (PL-USE-2023-000010)

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Division and Building Division, which includes Building, Electrical and Plumbing code review. An existing fire hydrant is located in the grass swales along Akoni Pule Highway, approximately 100 feet east of the Project's existing Akoni Pule Highway Driveway. A fire hydrant flow test was conducted by Engineering Partners, Inc. (EPI) on August 8, 2022. Based on the test, it was confirmed that the existing municipal water system provided adequate water flow,pressure and storage and meets the fire protection needs of the Project. In addition, the applicant is proposing to construct a stand-alone 10,000- gallon water catchment tank with a 4-inch waterline supplying the Fire Department connection that will be mounted on a concrete monument which will alleviate the need for a fire hydrant to be installed for the Project. The property is situated within an area designated as Flood Zone "X," or an area determined by FEMA to be outside the 500-year flood plain. Electrical and telephone services are available to the subject property. Police, fire, and medical services are located nearby in Kapa`au. In addition to the criteria for granting a Use Permit,the request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. 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 1.2 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. Thus, the proposed request and use of the property will not adversely impact those resources. 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