2026 06 10_Appellant Ohana's Objections to Record, Rosehill Dec, and COS_v1.pdf

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The 2nd NOV followed the October 14, 2025 Stop Work Order (included as Document 12), and the 3rd NOV followed the January 14, 2026 Stop Work Order (included as Document 20). Because the Record already contains these Stop Work Orders, it cannot be complete without the inclusion of the corresponding Notices of Violation and Orders that document the same enforcement history. The Decision includes findings on cumulative impact and significant adverse effect, to which the Department's enforcement record for the subject property is directly relevant. The enforcement record also bears on Condition No. 12 of the SMA Minor Permit, which states that the Director "relied on the information and data that the applicant has provided[.]" B. The October 3, 2024 Windward Planning Commission Hearing Minutes (PL- SMA-2024-000063) The minutes of the October 3, 2024 Windward Planning Commission hearing on SMA Use Permit Application PL-SMA-2024-000063 are a part of and should be included in the Record on Appeal as they were public records in the Planning Department's file directly related to the Decision on the Applicant's SMA Minor Permit application. The Record includes the Planning Department letter accepting the Applicant's withdrawal of its Use Permit application (Document 14), which mentions the Commission hearing, but does not include the minutes of the hearing that directly preceded the withdrawal. At the October 3, 2024 hearing, `Ghana members and other community members submitted oral and written testimony about the historical and cultural significance of the subject property and their traditional and customary practices. In response to that testimony, then -Director Zendo Kern "mentioned that, for the first time, despite the existing recommendation [favoring approval], he is inclined to change his stance[.]" Exh. 5 of Appellant the `Ohana's Petition for Appeal. The Commission continued the hearing and requested that a Cultural Impact Assessment ("CIA") and/or Archaeological Inventory Survey be completed before it would decide on the application. 5