2024-01-03 Email Claudia Rohr Testimony PD Report on SMA Minor Permits

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Under HCC Chapter 34 Public Access, even a two-lot subdivision of parcel 118, on top of a previous four lot subdivision, reaches the six lots or more limit in the definition of"Subdivision" requiring an easement for public access to the shoreline at Papaikou Landing beach which is used by the public for recreation. ("Subdivision" for the purpose of this chapter, means any improved or unimproved land or lands divided or proposed to be divided for the purpose of disposition into six or more lots or parcels.)(Public Access Code, Section 34-3(a)(15)). Even if the applicant comes back with a different subdivision plan, a SMA minor permit would be invalid considering the possible damage to the resources of the SMA from earth disturbing activities and eco-tourism and film industry activities on the beach that the applicant erroneously believes is privately owned. ("The Director shall consider every phase of a proposed action and expected consequences, either primary or secondary, or the cumulative as well as the short or long term effect of the proposal.")(PC Rule 9-10(h) Criteria of Significant Adverse Effect). The Planning Department is statutorily mandated to give effect to the policies, objectives and guidelines of the Coastal Zone Management Act (CZMA), reading HRS § 205A-2 and §205A-26 in conjunction with the Planning Commission's Rules of Practice and Procedure and Hawaii County Code Chapter 34 Public Access, as well as in the context of the entire CZMA. 4