PD RECOMMENDATION REPORT (PL-REZ-2023-000048)

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applicable County, State and Federal laws,rules,regulations, and requirements. A fair share contribution to mitigate project impacts to regional roads, parks and public services is not required for the proposed rezone request, as there is an existing dwelling in the rezone area and no additional lots will be created within the rezone area. The proposed rezoning and subsequent 2-lot subdivision request will not trigger the affordable housing requirement in the Housing Code (Chapter 11, Article 1, Hawai`i County Code) since less than 4 lots will be created. Therefore,the applicant does not need approval by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. The subject property is in an area designated as Zone"X, an area determined to be outside the 500-year flood plain, on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Although the applicant is not proposing further development at this time, a condition of approval will be added to require that all development generated runoff will be disposed of on-site and not directed toward any adjacent properties and all earthwork activity, including grading, grubbing, and stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Thus, the proposed change of zone meets this criterion. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located approximately 3 miles from the nearest shoreline, is not situated within the Special Management Area, and will not be impacted by coastal hazards and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, or historic resources in the area. Thus,the proposed request and use of the property will not adversely impact those 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 -5-