Laserfiche WebLink
Rule 9-1 I(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 /> considering the significance of potential environmental effects,the Director shall consider <br /> the sum of those effects that adversely affect the quality of the environment and shall <br /> evaluate the overall and cumulative effects of the action on the Special Management Area. <br /> Such adverse effects shall include,but not be limited to,the potential cumulative impact of <br /> individual developments, each one of which taken in itself might not have a substantial <br /> adverse effect and eliminate planning options. <br /> The proposed project did not meet the criteria in State law for the requirement of <br /> -2- <br />