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PD Recommendation Report (PL-SMA-2023-000029)
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2023-07-07 Windward
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Item 1 Dennis Schmitz (PL-SMA-2023-000029)
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PD Recommendation Report (PL-SMA-2023-000029)
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Last modified
6/29/2023 2:52:26 PM
Creation date
6/29/2023 2:52:08 PM
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Template:
Plan Doc Template
Document Date
5/11/2023
Related Permits
PL-REZ-2023-000041
Permit Number
PL-SMA-2023-000041
Parcel Number
390010240000
Description
PD Recommendation Report
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11(e) of the Planning Commission Rules of Practice and Procedure. Planning <br /> Commission Rule 9-11(e) states that the Planning Commission may permit the proposed <br /> development only upon finding that: <br /> 1. The development will not have any significant adverse environmental or <br /> ecological effect, except as any adverse effect is minimized to the extent <br /> practicable and clearly outweighed by public health, safety, or compelling public <br /> interests. <br /> 2. The development is consistent with the Special Management Area objectives, <br /> policies and guidelines as provided by Chapter 205A, HRS. <br /> 3. The development is consistent with the General Plan, Community Plan, Zoning <br /> Code, and other applicable ordinances. <br /> 4. The development will, to the extent feasible, reasonably protect native <br /> Hawaiian rights if they are found to exist, including specific factual findings <br /> regarding: <br /> a. The identity and scope of valued cultural historical or natural resources in <br /> the petition area, including the extent to which traditional and customary <br /> native Hawaiian rights are exercised in the petition area. <br /> b. The extent to which those resources including traditional and customary <br /> native Hawaiian rights, will be affected or impaired by the proposed <br /> action; and <br /> c. The feasible action, if any, to be taken by the Authority to reasonably <br /> protect any valued cultural, historical, or natural resources including any <br /> existing traditional and customary native Hawaiian rights. <br /> In review of the SMA guidelines as listed under HRS 205A-26(2)(A), the <br /> proposed development will not have any significant adverse environmental or <br /> ecological effect, except as such adverse effect is minimized to the extent practicable <br /> and clearly outweighed by public health, safety, or compelling public interest. In <br /> considering the significance of potential environmental effects, the Director shall <br /> consider the sum of those effects that adversely affect the quality of the environment and <br /> shall evaluate the overall and cumulative effects of the action on the Special Management <br /> Area. Such adverse effects shall include, but not be limited to, the potential cumulative <br /> 2 <br />
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