PD Recommendation Report (PL-SPP-2023-000040)

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Permit, the Planning Department has not received any complaints regarding the operation. Lastly, the continued operation will not unreasonably burden public agencies to provide roads, streets, sewers, water, drainage, and police and fire protection. The Police Department commented that they do not anticipate any significant impact to traffic and/or public safety concerns with the approval of request. Access to the project site is provided by Waikoloa Road, a County owned and maintained roadway. Water is provided to the project site by a private water system. According to the Department of Environmental Management there is no County sewer system in the area. The existing facility is serviced by an existing individual wastewater septic system. The applicant will follow all applicable federal, state, and county regulations. According to the Fire Department, Fire Department access and water supply shall comply with Chapter 18 of the 2018 Hawai'i State Fire Code and Chapter 17 of the Hawai'i County Code. Based on the above considerations, the amendment request would not be contrary to the original reasons for granting the permit. 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 archaeological inventory survey or flora/fauna study of the property was conducted due to the significantly developed nature of the property. Furthermore, past ground disturbance activities within the property, which included backfilling, would indicate that the potential for subsurface archaeological resources is unlikely. The valuable cultural, historical, and natural resources found in the permit area: The subject site is not adjacent to or proximate to the shoreline. As such, there should be no impact on fishing and/or coastal access. According to the applicant, there are no known customary or Native Hawaiian cultural rights exercised on the property. Furthermore, there are no known archaeological or historic resources on the property and -3-