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Height at roof midpoints will be approximately thrity five (35) feet, and will not exceed a <br /> maximum of forty (45) feet. The closest of the three parcels (Parcel 44) is approximately <br /> two hundred and fifty (250) feet from the shoreline and separated from shoreline by <br /> Onekahakaha Beach Park. The other two parcels are mauka of Parcel 44 and <br /> approximately three hundred and eighty (380) feet from the shoreline. The residences <br /> will respect parcel setbacks of twenty (20) foot front and rear setbacks and twelve (12) <br /> foot side setbacks as required for three stories. A septic system for each residence will be <br /> installed on its lot as approved byt the DOH. <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 Authority (Planning Commission) may permit <br /> the proposed development only upon finding that: <br /> 1. The development will not have any substantial adverse environmental or ecological <br /> effect except as such adverse effect is minimized to the extent practicable and is <br /> clearly outweighed by public health, safety or compelling public interest; <br /> 2. The development is consistent with the objectives and policies and the Special <br /> Management Area guidelines as provided by Chapter 205A, HRS; <br /> 3. The development is consistent with the General Plan, Community Plan, Zoning Code <br /> and other applicable ordinances; <br /> 4. The development will, to the extent feasible, reasonably protect native Hawaiian <br /> rights if they are found to exist, including specific factual findings regarding: <br /> a. The identity and scope of valued cultural historical or natural resources in the <br /> petition area, including the extent to which traditional and customary native <br /> 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 action; <br /> and <br /> -2- <br />