2017-3-15 Land Use Policy Guide FINAL COMPLETE 06.07.2018

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PJW7: Development in the SMA, including subdivision, shall only be approved if it is first found that it will not have any substantial adverse environmental or ecological effect. (HRS 205A-22(3) & 205A-26(2) (A)) Pursuant to Planning Commission (PC) Rule 9-10(b)(5) & (11), and in order for the Planning Director to accurately evaluate whether the proposed action will have a substantial adverse effect, pursuant to PC Rule 9- 4(e)(4), the Director shall require that SMA Use Permit Assessment and Use Permit applications include all of the information necessary to assess the proposed activity's impacts in the Special Management Area, including but not limited to: ■ A description of the environmental setting and natural resources in the area, including an assessment of impacts on rare, threatened, or endangered species or their habitat and on fresh and coastal water l ' - • DI©IDIIO - • • E110I011O1201 ■ A description of valued cultural resources or historical sites in the area, including the extent to which traditional and customary native Hawaiian rights are exercised in the area (PC Rule 9-10(b)(6) & (h)(1)); ■ An assessment of impacts on coastal scenic and open space resources and view planes, including those outlined in the General Plan, the Community Development Plan, and other adopted plans, as well as the line of sight toward the sea from the state highway nearest the coast and along the shoreline (HRS 205A -2(b)(3) (A), HRS 205A-2(c)(3)(B), HRS 205A -26(3)(E), and PC Rule 9-10(h)(1)); ■ Identification and detailed information of existing public access to and along the shoreline to the specifications required by Na Ala Hele (PC Rule 9-10(b)(10)); ■ An assessment of impacts on hazard risk, including flooding, tsunami, and coastal erosion and/or sea level rise over the life of the development (PC Rule 9-10(h)(9)); ■ A description of the relationship of the proposed action to land use plans, policies, and control of the affected area, including the General Plan and Community Development Plan (PC Rule 9-10(b)(5)(13)). ■ Identify specific measures to mitigate risks associated with coastal hazards, protect sensitive coastal and cultural resources, and ensure public access (HRS 205-A) Any development permitted, including those determined to be exempt from the definition of development in Planning Commission Rule 9 (pursuant to Planning Commission Rule 9-10(e) & (g)), shall be subject to terms and conditions to achieve CZM and CDP objectives and policies, including conditions that protect natural, cultural, historic, and recreational resources; preserve agricultural land, open space, and view planes; ensure access; mitigate impacts of coastal hazards; limit coastal development; and concentrate new development (particularly if it is not coastal dependent) on vacant land in town/village centers (before converting agricultural land to residential uses), and discouraging speculative residential development. Conditions could include but not be limited to setbacks, restrictions on artificial light, lateral and mauka-makai access requirements, dedication of conservation and trail corridor easements, cooperation with efforts to manage access and use of coastal resources, minimizing the number of lots abutting or near the shoreline, and maximizing the use of land in the State Land Use Urban district and/or urban LUPAG categories. 4.4 Forest & Conservation Areas Policy 31: To reinforce existing protections, the CDP Land Use Guide Map designates mauka regions and forests in Hamakua to be Conservation, and directs mauka areas to remain primarily as open space to be preserved, protected, and connected to the region's rich network of natural and cultural resources. Development and Hamakua CDP Land Use Planner's Guide 11