PD Recommendation Report COH-Parks & Rec (PL-SMA-2023-031)

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The proposed development is consistent with the County General Plan, Kona Community Development Plan (CDP), Zoning Code, and other applicable ordinances. The County of Hawai`i's General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for the subject property is designated Open (ope)by the General Plan LUPAG map. The Open LUPAG designation allows conservation lands, forest and water reserves, natural and scientific preserves, and potential natural hazard areas. The proposed project will also compliment the Historic Sites, Natural Beauty, Natural Resources and Shoreline, Recreation and Economy goals and policies of the General Plan. Additionally, the proposed project also conforms with the Zoning Code as the zoning for the property is designated as Open, which allows for public parks as a permitted use. Lastly, the Kona Community Development Plan (KCDP) was adopted by the Hawaii County Council by Ordinance No. 08-131 on September 25,2008. The project site is located outside outside of the Kona Urban Area but within the area governed by the Plan. The proposed recreational improvements are being developed in accordance with the existing zoning. However, an SMA permit is required for this project. In reviewing SMA permits, Kona CDP Public Safety Policies PUB-7.2c(ii) specifically states that park facilities in remote areas such as Miloli`i shall be upgraded and maintained. Based on the preceding, the proposed development is consistent with the General Plan, KCDP, and Zoning Code. 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: An Archaeological Inventory Survey of the subject property was completed by Haun & Associates in August 2022. A Cultural Impact Analysis for the proposed facility upgrades and ADA improvements to the Miloli`i Beach Park was not completed. The Applicant did however include in the 9