2024-03-04 PL-SMA-2023-000046 Nohea Ka'awa Members of SMA2023-046 Working Group Opposition Testimony

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Policy 27: To reinforce existing protections, the official Ka`u CDP Land Use Policy Map designates coastal areas in Ka`u as open space to be preserved, protected, and connected to the rich network of natural and cultural resources in the region. Development and construction in the coastal"Conservation" and"Open" areas shall be minimized and, when necessary, limited to recreation, research, and education facilities unless otherwise permitted by law. Policy 28: On lots that are at least partially within the Special Management Area(SMA)in the Ka`u CDP Planning Area, establish shoreline setbacks at the earliest stages of the land use planning and development process at a minimum of 1,320 feet (1/4-mile); however, the applicant may request that the setback be reduced by providing information to the Department, including information required for SMA review, which would allow for an assessment of the proposed activity's impacts and in consideration of the physical limitations of the property. For lots created prior to the date of adoption of the CDP with an average lot depth of two hundred feet or less, the shoreline setback line shall be 40 feet. Policy 29: No development, including subdivision, shall be approved in the SMA unless the development will not have any substantial adverse environmental or ecological effect. (HRS 205A-22(3) & 205A-26(2)(A)) Policy 30: Amend Planning Department Rule 11 to specify that the Planning Department establish shoreline setbacks in the Ka`u CDP Planning Area in accordance with Policy 28. Policy 55: Do not allow incompatible construction in areas of natural beauty. (GP 7.3(i)) Community Objective 12: Establish or expand retail, service, dining, and entertainment centers in rural villages and towns capable of supporting Ka`u appropriate growth. This SMAA lacks affordable housing in the proposed development. The development of visitor accommodations and any resort development should complement the character of the area; protect the environment and natural beauty; respect existing lifestyles, cultural practices, and cultural resources; provide shoreline public access; and provide affordable housing to meet demand created by the development. (GP 2.4.9.2(a& c), 9.3(g), 14.7.2(c), 14.7.3(i), 14.7.5.9.2(a)) Community consultation poor,lacking correct information. Policy 90: Implement protocols for receiving community input at meetings in Ka`u during capital project siting and design. Consult with and solicit input from community members with generational knowledge to minimize the impact of proposed changes to the use of land on cultural practices, cultural sites, and culturally significant areas, including burials. Hawaii County Ordinance 2107-66.We understand that the applicant did reach out to many community members and organizations for input.We also understand that the applicant has downsized plans relative to previous developers. However, often times community input was disregarded or misconstrued, and plans continued to change. Project manager Daryn Arai eluded to the ideas in the SMAA being only "schematics" and not true depictions of what buildings will look like. We believe that we cannot support something that is constantly changing and not being accurately portrayed. 5. This SMA will impact coastal ecosystems. The developer claims that there will be no impact to the shoreline caused by activities proposed in