PD Recommendation Report COH-Parks & Rec (PL-SSV-2023-003)

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proposed improvements are located mauka of the seawalls and will not negatively impact erosional or recreational purposes. The proposed pavilion, walkways and boat turnaround area will be designed and constructed to withstand impacts from coastal processes and built to the Building Code and Flood Code Standards. The proposed project will remove existing hazardous gravel and replace it with new walkways and a boat turnaround area that the County will be able to maintain. The property is situated along the shoreline and the overall area of Miloli`i has been designated as one of the Natural Beauty Sites in the District of South Kona within the General Plan (2005). On a daily basis the park is used for sightseeing, picnicking, sports, community gatherings, community library and education center, swimming and snorkeling, fishing, and camping. The reconstruction of the existing pavilion, proposed boat turnaround area and walkways will require construction equipment that will be visible to the public using the beach park, however these disruptions will be temporary. The existing pavilion, which has views of the beach would not affect viewplanes to, from, or along the shoreline as the structures already exist. These improvements will not be unduly visually imposing or out of character, and will be consistent with uses in a County Park. In review of the possible alternatives to the proposed improvements within the shoreline setback area, the best practical alternative is to improve these facilities as proposed rather than attempt to move them out of the shoreline setback area at this time. If the pavilion were to be demolished and replaced with a new one outside of the setback area, it could only be placed within the existing parking area or a recreational basketball/volleyball court that is currently used by the members of the surrounding community. In the case of the walkway and boat turnaround area, if they are not improved then visitors will continue to use an unsafe and rocky boat turnaround area and unsafe gravel walkways. 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. 4