Kamehameha Schools Comments on Draft HCDP

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Mr. Duane Kanuha Re: Comments from Kamehameha Schools to Draft HCDP (Jan. 2016) June 15, 2016 Page 4 of 7 access to and along the shoreline to significant historic sites, public transit along the top of cliffs, streams, mauka trails, facilities, and access to sites for gathering, hunting, and other recreational purposes. Policy 50 does not cite the applicable statute or ordinance under which the County will impose such conditions or acquire easements for public access to the following areas; streams, mauka trails, facilities, and access to sites for gathering, hunting, and other recreational purposes. As discussed above and identified in comment 1.2, the intent of the Draft HCDP is to recommend amendments to applicable statutes and codes in order to legally implement the policies proposed. KS requests that the specific statutes or ordinances that the County seeks to amend to effect the goals and objectives of Policy 50 be expressly identified in the Draft HCDP. 3. Section 4.2.4 County Actions (p. 54); Policy 19 Policy 19 provides: Amend Planning Department Rule 11 to establish shoreline setbacks for the Hamakua CDP Planning Area at the earliest stages of the land use planning and development process. The minimum shoreline setback from the top of cliff shall be either: a) No less than the height of the slope (cliff, or pali) (1:1 horizontal to vertical). In cases where the height of the slope is less than 40 feet, a minimum 40 foot setback shall apply; or, b) A minimum of 40feet, plus a safety buffer determined by a coastal erosion study conducted by a licensed engineer, including a cliff stability analysis and/or a geological analysis. This shall only apply to properties that are located within the SMA, and abutting or within five hundred feet of the shoreline. For lots created (final subdivision approval or a legal lot of record as determined by the Planning Department) prior to the date of adoption of the Hdmdkua