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PD RECOMMENDATION REPORT (PL-SMA-2024-000052)
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2024-06-06 Windward
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Item #6 Stephen & Susan Shelvin (PL-SMA-2024-000052)
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PD RECOMMENDATION REPORT (PL-SMA-2024-000052)
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5/24/2024 2:02:41 PM
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5/24/2024 2:02:35 PM
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PD RECOMMENDATION REPORT
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General Plan and the Hamakua Community Development Plan (HCDP). While the <br /> HCDP does not list specific land uses for the subject parcel, the proposed residence does <br /> align with certain priorities of the natural and cultural resources, and community <br /> infrastructure sections, such as: protecting coastal areas from development, protecting, <br /> and preserving coastal view planes, preserving historic resources, ensuring appropriate <br /> public access is retained or bolstered, and concentrating future development in an <br /> existing subdivision. <br /> The development will to the extent feasible, reasonably protect native <br /> Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme <br /> Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native <br /> Hawaiian rights, such as gathering and fishing rights, must be addressed in terms of the <br /> cultural, historical, and natural resources and the associated traditional and customary <br /> practices of the site. <br /> Investigation of valued resources: Based on the previous land disturbance and <br /> development history, no historic properties or resources would be found on the subject <br /> parcel. In conformance with review criteria the project was submitted to the State <br /> Historic Preservation Division (SHPD) for a HRS, Ch. 6E-42 review, with the County <br /> stating that no historic properties would be affected by the proposed project. To date no <br /> response has been provided by SHPD on the proposed projects' impacts to valued <br /> resources. <br /> The valuable cultural, historical, and natural resources found in the area: The <br /> applicants note that the subject parcel does not contain any established public shoreline <br /> access or access located along the shoreline makai of the project site due to the high cliff <br /> and rocky shoreline. are proposed or anticipated. It is not known whether the subject site <br /> or immediately surrounding area was ever used for the gathering of plants by native <br /> Hawaiians other than the shoreline and ocean which is outside the project area. Given the <br /> residential development of the area, it would appear very unlikely that the site would <br /> serve such a purpose today and/or in the recent past. Thus, the project does not appear to <br /> present any cultural impacts. <br /> Possible adverse effects or impairment of valued resources: No floral or faunal <br /> species listed as threatened, endangered, or proposed for listing under the federal or state <br /> 7 <br />
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