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easement will be removed, including a portion of the existing rock wall and wood posts. <br /> The site was previously graded under a previous SMA permit (2007), and no significant <br /> grading is expected for this construction. Excavation for both continuous perimeter and <br /> internal post footings is expected. Limited grading may occur between the <br /> driveway/carport and the main level lanai stair/entry (approximately 4' above existing <br /> grade). The shoreline was certified for this parcel on October 4, 2022; the makai legally <br /> non-conforming stone wall is located right at the 40-foot shoreline setback line, and will <br /> remain unchanged. <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 <br /> Commission Rule 9-11(e) states that the Planning Commission may permit the proposed <br /> development only upon finding that: <br /> 1. The development will not have any significant adverse environmental or <br /> ecological effect except as such adverse effect is minimized to the extent <br /> practicable and is clearly outweighed by public health, safety, or compelling <br /> public interest. <br /> 2. The development is consistent with the Special Management Area objectives, <br /> policies and guidelines as provided by Chapter 205A, HRS. <br /> 3. The development is consistent with the General Plan, Community Plan, Zoning <br /> Code, and other applicable ordinances. <br /> 4. The development will, to the extent feasible, reasonably protect native <br /> Hawaiian rights if they are found to exist, including specific factual findings <br /> regarding: <br /> a. The identity and scope of valued cultural historical or natural resources in <br /> the petition area, including the extent to which traditional and customary <br /> native Hawaiian rights are exercised in the petition area. <br /> b. The extent to which those resources including traditional and customary <br /> native Hawaiian rights, will be affected or impaired by the proposed <br /> action; and <br /> 2 <br />