Planning Commission Rules, Rule 9

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The Commission may permit the proposed development only upon finding that: (1) The development will not have any significant adverse environmental or ecological effect except as any adverse effect is minimized to the extent practicable and is clearly outweighed by public health, safety, or compelling public interest. Those adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each of which taken by itself might not have a significant adverse effect, and the elimination of planning options; (2) The development is consistent with the objectives and policies and the Special Management Area guidelines as provided by Chapter 205A, HRS; (3) The development is consistent with the general plan, community plan, zoning code and other applicable ordinances, provided that a finding of consistency shall not preclude concurrent processing where a general plan, community plan, or zoning amendment may pi an, be required. (4) The development will, to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist, including specific factual findings regarding: (A) The identity and scope of valued cultural, historical or natural resources in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area; (B) The extent to which those resources, including traditional and customary native Hawaiian rights, will be affected or impaired by the proposed action; and (C) The feasible action, if any, to be taken by the Authority to reasonably protect any valued cultural, historical or natural resources, including any existing traditional and customary native Hawaiian rights. Any development permitted shall be subject to reasonable terms and conditions set by the Authority in accordance with the Special Management Area guidelines as contained in Section 9-7. (f) Decision and Order 9-18