PD Recommendation Report (PL-USE-2023-000009)

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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 property is not located within the Special Management Area and is approximately I I mile from the nearest coastline. There is no record of a designated public access to the shoreline or mountain areas traversing the property. Due to the project site's distance from the shoreline,the property will not impact any recreational resources, scenic and open space or visual resources, coastal ecosystems and marine coastal resources. 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 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 because the property has been developed for residential use since 2018 and the proposed use will occur within existing structures. The valued cultural, historical, and natural resources found in the area: According to the applicant, no archeological or historical features are known to exist on the subject property. The subject property has been previously impacted by ground-disturbing activities associated with residential development. The remainder of the property consists of ohia, olapa, mamaki, and koa trees, hapu`u, palapalai, and uluhe ferns. It also contains several invasive species such as strawberry guava, himalayan raspberry, and ginger. There are no known endangered species of plants or animals on the subject property. According to the applicant, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicant has not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. No professional surveys were conducted of the flora/fauna resources on the property. According to the applicant, the likelihood of any rare or endangered species, 5