2024-10-29 Email Niel Jayasinghe Response (PL-SMA-2024-000060)

Home

therefore consistent with both the General Plan and the Hilo Community Development Plan LUPAG map and policies. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In view of the Hawai‘i State Supreme Court’s “PASH” and “Ka Pa’akai O Ka’Aina” decisions, the issue relative to native Hawaiian rights, such as gathering and fishing rights, must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: No formal site study was conducted in relation to valued cultural resources on the subject parcel. However, the staff notes that this property has undergone ground disturbance (grading) and clearingof the parcel in the past such that no features are expected to be found. Additionally, the entire parcel is cleared on major vegetation other than maintained grass. The valuable cultural, historical, and natural resources found in the area: The primary resource in the immediate area is the Onekahakaha Beach Park which is located approximately 0.2 miles from the project site. The subject parcel is approximately 0.2 miles inland from the coastline located to the north and west. A small ocean inlet is present on State land north of the subject property and terminates roughly 200 feet north of the site. As such, the gathering of marine life and coastal access is not anticipated to be affected by the proposed project, nor is access to the Beach Park via Onekahakaha Street. Possible adverse effects or impairment of valued resources: It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians gathering plants on the site or the adjoining properties, and the site is primarily cleared of major vegetation other than maintained grass. Cultural resources in this area relate to the coastal uses, which this project will not impact. Feasible actions to protect native Hawaiian rights: The proposed development will not restrict access to, and the use of natural resources at the Park and to ensure preservation, a condition of approval has also been added to protect any unidentified -7-