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2026 06 10_Appellant Ohana's Objections to Record, Rosehill Dec, and COS_v1.pdf
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2026 06 10_Appellant Ohana's Objections to Record, Rosehill Dec, and COS_v1.pdf
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2026 06 10_Appellant Ohana's Objections to Record, Rosehill Dec, and COS_v1.pdf
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2025, including but not limited to correspondence regarding the review of the CIA and the scope <br />of the proposed public access easement. <br />F. July 2024 Email Correspondence Between Planner Alex Roy and Daryn Arai <br />Regarding the Public Shoreline Access Easement (PL-SMA-2024-000063) <br />The emails between Planning Department Planner Alex Roy and Daryn Arai, planning <br />consultant for the Applicant, dated July 11-24, 2024, concerning the scope and configuration of <br />the public shoreline access easement for SMA Use Permit Application PL-SMA-2024-000063 are <br />records in the Planning Department's file directly related to the Decision and are a part of and <br />should be included in the Record on Appeal. The emails are absent from the Record as filed though. <br />In this correspondence, Planning Department staff and the Applicant's consultant Daryn <br />Arai discussed the location and configuration of the proposed public access easement. The <br />correspondence reflects a prior understanding regarding the location and width of the pedestrian <br />access easement. Department staff further indicated that the Director was aware of and in <br />agreement with the proposed easement configuration. <br />These emails are the Planning Department's records of the communications that informed <br />the easement condition ultimately imposed in the SMA Minor Permit and are necessary to provide <br />a complete record of the Director's decision -making on that condition. First, Condition No. 6 of <br />the SMA Minor Permit requires a 10-foot-wide public pedestrian shoreline access easement. The <br />email chain establishes the prior negotiating history and the Director's stated position on the <br />easement and bears directly on the easement requirement imposed as Condition No. 6. Second, the <br />correspondence reveals that the access easement was negotiated between the Planning Department <br />and the Applicant's consultant, without involvement of or notice to the `Ohana or other community <br />members with traditional and customary access rights in the area. The emails bear on the extent to <br />which the `Ohana and other community members participated in the easement negotiation. <br />
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