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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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therefore consistent with both the General Plan and the Hilo Community Development <br /> Plan LUPAG map and policies. <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: No formal site study was conducted in relation <br /> to valued cultural resources on the subject parcel. However, the staff notes that this <br /> property has undergone ground disturbance (grading) and clearing of the parcel in the <br /> past such that no features are expected to be found. Additionally, the entire parcel is <br /> cleared on major vegetation other than maintained grass. <br /> The valuable cultural, historical, and natural resources found in the area: <br /> The primary resource in the immediate area is the Onekahakaha Beach Park <br /> which is located approximately 0.2 miles from the project site. The subject parcel is <br /> approximately 0.2 miles inland from the coastline located to the north and west. A small <br /> ocean inlet is present on State land north of the subject property and terminates roughly <br /> 200 feet north of the site. As such, the gathering of marine life and coastal access is not <br /> anticipated to be affected by the proposed project, nor is access to the Beach Park via <br /> Onekahakaha Street. <br /> Possible adverse effects or impairment of valued resources: It is not known <br /> whether the subject or immediate surrounding area was used in the recent past for the <br /> gathering of plants by Native Hawaiians. The applicant has not observed any Native <br /> Hawaiians gathering plants on the site or the adjoining properties, and the site is <br /> primarily cleared of major vegetation other than maintained grass. Cultural resources in <br /> this area relate to the coastal uses,which this project will not impact. <br /> Feasible actions to protect native Hawaiian rights: The proposed development will <br /> not restrict access to, and the use of natural resources at the Park and to ensure <br /> preservation, a condition of approval has also been added to protect any unidentified <br /> -7- <br />
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