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2024
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2024-08-01 Windward
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Item #5 Niel Jayasinghe (PL-SMA-2024-060)
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PD RECOMMENDATION REPORT
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7/18/2024 1:13:13 PM
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7/18/2024 1:13:07 PM
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RECOMMENDATION REPORT
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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 /> c. The feasible action, if any, to be taken by the Authority to reasonably protect <br /> any valued cultural, historical or natural resources including any existing <br /> traditional and customary native Hawaii rights. <br /> In review of the SMA guidelines as listed under HRS 205A-26(2)(A), the <br /> proposed development will not have any substantial adverse environmental or <br /> ecological effect, except as such adverse effect is minimized to the extent practicable <br /> and clearly outweighed by public health, safety, or compelling public interest. In <br /> considering the significance of potential environmental effects, the Director shall <br /> consider the sum of those effects that adversely affect the quality of the environment and <br /> shall evaluate the overall and cumulative effects of the action on the Special Management <br /> Area. Such adverse effects shall include, but not be limited to, the potential cumulative <br /> impact of individual developments, each one of which taken in itself might not have a <br /> -2- <br />
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