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PD RECOMMENDATION REPORT
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Leeward/Windward Planning Commission
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2024
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2024-06-06 Windward
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Item #8 Ryan & Paul Pastorek (PL-SMA-2024-000055)
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PD RECOMMENDATION REPORT
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5/30/2024 9:12:38 AM
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RECOMMENDATION REPORT
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Each of the parcels will include a separate Department of Health (DOH) approved <br /> Individual Wastewater system (IWS) and a potable water well approved by the <br /> Commission on Water Resource Management (CWRM). The applicants submitted a <br /> landscaping plan, which includes 11,300 square feet of landscaping on each parcel, with <br /> native plants (e.g., Hau, Lolu palm, Hapu'u tree fern) integrated into the design. <br /> Construction activities will occur on approximately 0.5 acres of each of the parcels, and <br /> all applicable Best Management Practices (BMPs) such as silt fencing and other erosion <br /> control methods will be employed during construction. The proposed residences will be <br /> setback a minimum of 130 feet from the shoreline. <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 />
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