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From: Claudia Rohr <br /> To: Plannina Internet Mail <br /> Subject: TESTIMONY OPPOSED SMA-2023-046,Windward Planning Commission Meeting March 7,2023 <br /> Date: Wednesday,March 6,2024 12:03:06 PM <br /> Aloha Commissioners- <br /> (I)The PlanningDepartment erred in segmenting the portion of the project outside the SMA <br /> from that portion in the SMA. This was decided in Save Sunset Beach Coalition v. City <br /> and County of Honolulu, 78 P. 3d 1 - Haw: Supreme Court 2003. Planning <br /> Commission Rules of Practice and Procedure, Rule 9-10 requires consideration <br /> of cumulative and secondary impacts in the analysis of the SMA use permit application. <br /> (2) An SEIS is required to cover the changes in the surrounding community and environment <br /> over time. This cannot be done through disclosures in the SMA use permit application itself <br /> but requires publication in the Environmental Review and an opportunity for public review. <br /> See, Unite Here! Local 5 v. City and Cty. of Honolulu, 231 P. 3d 423 - Haw: Supreme <br /> Court 2010 <br /> Claudia Rohr <br /> 808-640-5976 <br />