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PD RECOMMENDATION REPORT (PL-SMA-2023-000036)
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2024-02-29 Leeward
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#3 Phil Tinguely, Managing Member of Walua Partners, LLC (PL-SMA-2023-000036)
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PD RECOMMENDATION REPORT (PL-SMA-2023-000036)
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Last modified
12/4/2023 9:02:39 AM
Creation date
2/6/2024 9:18:21 AM
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Plan Doc Template
Document Date
11/23/2023
Permit Number
PL-SMA-2023-000036
Parcel Number
750180950000
Description
PD RECOMMENDATION REPORT (PL-SMA-2023-000036)
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limited access.A paved entrance area will be constructed for ingress/egress to Wdlua Road, <br /> with signage on Wdlua Road for the development.Lastly, a fence will be constructed along <br /> the southern edge of the 10-foot-wide public access pathway located along the northern <br /> property boundary. <br /> The grounds for approving development within the Special Management Area are <br /> based on HRS, Chapter 205A-26(2) (Special Management Area guidelines) and Rule 9- <br /> 11(e) of the Planning Commission Rules of Practice and Procedure. Planning Commission <br /> Rule 9-11(e) states that the Authority (Planning Commission) may permit the proposed <br /> development only upon finding that: <br /> 1. The development will not have any substantial adverse environmental or ecological <br /> effect except as such adverse effect is minimized to the extent practicable and is clearly <br /> outweighed by public health, safety or compelling public interest; <br /> 2. The development is consistent with the objectives and policies and the Special <br /> Management Area guidelines as provided by Chapter 205A, HRS; <br /> 3. The development is consistent with the General Plan, Community Plan, Zoning Code <br /> and other applicable ordinances; <br /> 4. The development will,to the extent feasible, reasonably protect native Hawaiian rights <br /> if they are found to exist, including specific factual findings regarding: <br /> a. The identity and scope of valued cultural historical or natural resources in the <br /> petition area, including the extent to which traditional and customary native <br /> Hawaiian rights are exercised in the petition area; <br /> b. The extent to which those resources including traditional and customary native <br /> Hawaiian rights, will be affected or impaired by the proposed action; and <br /> c. The feasible action, if any, to be taken by the Authority to reasonably protect <br /> any valued cultural, historical or natural resources including any existing <br /> traditional and customary native Hawaii rights. <br /> In review of the SMA guidelines as listed under HRS 205A-26(2)(A), the <br /> proposed development will not have any substantial adverse environmental or <br /> ecological effect, except as such adverse effect is minimized to the extent practicable <br /> and clearly outweighed by public health, safety, or compelling public interest. In <br /> -2- <br />
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