PD Recommendation Report (PL-USE-2023-000008)

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Therefore, based on the preceding, the proposed use shall not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community's character or to surrounding properties. The granting of the proposed use will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, school improvements, police and fire protection and other related infrastructure. Access to the facility will be from Volcano Road, a State-owned and maintained road with a 24-foot-wide pavement and an 80-foot-wide right-of-way, through the existing gate and driveway used by Akatsuka Orchid Gardens. The applicant is proposing a non-exclusive access easement approximately 12 feet wide and 885 feet long, for vehicular and pedestrian access, as well as for utilities, over a paved driveway crossing TMK (3) 1-1-020:165. No public expenditures for road, street, sewer, water, drainage, school, or increased police or fire protection are required. Finally, the applicant and/or any telecommunication service provider tenant will be required to meet all applicable agency requirements, including the FCC and FAA. In addition to the criteria for granting a Use Permit, the request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located about 12 miles from the nearest shoreline, is not located in the Special Management Area and therefore will not be impacted by coastal hazards and beach erosion. There are no identified coastal recreational resources, coastal scenic and open space resources, coastal ecosystems, and beach or marine resources in the area, thus the proposed request will not adversely impact coastal resources. Additionally, there is no record of a designated public access to the shoreline or mountain areas that traverses the property and no gathering or other traditional practices have been documented. 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 fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: -6-