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Home My WebLink About2022-11-17 Leeward Exh A (Public Testimony re Item 1 Sunshine Holdings & Item 2 Nakoa) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I TESTIMONY TRANSCRIPT NOVEMBER 17, 2022 Public testimony of Cindy Freitas regarding the applications of SUNSHINE HOLDINGS, LLC (PL-REZ-2022-000032) and SHAWN MAILE NAKOA, ESQ. (PL-REZ-2022-000017)was heard at 9:36 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Michael Dela Cruz, Clement"CJ" Kanuha III, Zaheva Knowles, and Mahina Paishon-Duarte (from 9:39 a.m.) ALSO PRESENT: Keyra Wong, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Christian Kay (Planner, covering for Planning Program Manager), Jessica Andrews (Planner, via Zoom), Maryam Palma (Planner), Janice Hata(Zoom host), and Noriko Sauer (Commission Secretary) APPLICANT: SUNSHINE HOLDINGS, LLC (PL-REZ-2022-000032) Application for a five (5)-year time extension to Condition D (Final Subdivision Approval), Amend Condition E(Restrictive Covenants) and Condition F (Restrictive Covenants) to prohibit condominium property regimes (CPR) and to delete the requirement to provide a copy of the recorded covenant prior to receipt of final subdivision approval, deletion of Condition G (Requirement of Conservation Plans to be Filed with the Kona Soil and Water Conservation District), amendment to Condition I(Drainage Study), addition of a condition requiring compliance with Chapter 10 of the Hawaii County Code (Erosion and Sedimentation Control), deletion of Condition J(Archaeological Survey), and amendment to Condition M (Fair Share Requirements) of Ordinance No. 98 91, which reclassified 21.353 acres of land from an Agricultural 20-acres (A-20a) to an Agricultural 5-acres (A-5a) zoned district. The subject property is located at 73-1735 Kaloko Drive, approximately 720 feet southeast of its intersection with Kaloko Loa Place, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: (3) 7-3-025:012. APPLICANT: SHAWN MAILE NAKOA, ESQ. (PL-REZ-2022-000017) Application for a Change of Zone from an Agricultural-5 acres (A-5a) to a Family Agricultural-1 acre (FA-1 a) zoning district for 5.29 acres of land. The subject property is located at 77-6632 A Kuakini Highway, approximately 0.25 miles northwest of its intersection with Kamehameha III Road, Pahoehoe I"-Kapalaalaea 2nd (Beach Sec.),North Kona, Hawaii, TMK: (3) 7-7-008:062. VITOUSEK: Are there any in-person testifiers? Do we have a list, Noriko? [Staffgave a list to the Chair] Okay, would you like to testify now or at the time of the agenda item? TESTIFIER INAUDIENCE: I can testify now. VITOUSEK: Now. Okay, please come forward. 1 EXHIBIT A FEMALE FROMAUDIENCE CAME TO THE TESTIFIER TABLE: Aloha. VITOUSEK: Aloha. FEMALE TESTIFIER: Thanks for this opportunity. VITOUSEK: Sure, would you mind raising your right hand? FEMALE TESTIFIER: I don't pledge to that. VITOUSEK: What's that? FEMALE TESTIFIER: I don't pledge to that but— VITOUSEK: Sure, it just do you swear or affirm to tell the truth on the matter before the Planning Commission? FEMALE TESTIFIER: Eo. VITOUSEK: Mahalo and would you please state your name and the town that you live in. FREITAS: [Without the mic] I'm Cindy Freitas, I live in Kailua-Kona. VITOUSEK: Would you please speak into the microphone, thank you. FREITAS: Oh, I'm Cindy Freitas and I live in Kailua-Kona. VITOUSEK: Mahalo and I see that you're testifying on both agenda items. FREITAS: Correct. VITOUSEK: Would you take your full six (6) minutes now? FREITAS: Well, both of them are similar to what I've got in my testimony. VITOUSEK: Okay. FREITAS: Thank you. VITOUSEK: Please proceed. FREITAS: Aloha. COMMISSIONERS: Aloha. 2 EXHIBIT A FREITAS: My name, oh, kala mai. Let me do my protocol. [Ms. Freitas stood up] [spoke in Hawaiian language] He Mele komo a he mete aloha no na laupuna o ke au i hala Aloha mai kakou. [Then sat down] COMMISSIONERS: Aloha mai. FREITAS: My name is Cindy Freitas and I'm a native Hawaiian descendant of the Native Inhabitant of Hawaii prior to 1778 and born and raised in Hawaii. I'm also a practitioner who still practice the cultural traditional customary practices that was instilled in me by my grandparents at a young age from mauka to makai. I oppose agenda 1 and 2. There is no cultural survey under HRS 6E-42 review of proposed project before any agency or officer of the State or its political subdivision approves any project involving a permit, lease, certificate, land use change, subdivision, or other entitlement for use,which may affect historical property, artifacts, or burial sites. The agency or officers shall advise the department and prior to any approval allow the department an opportunity for review and comment on the effect of the proposed project on historical property, artifacts, burial sites, consistent with section E6-43 [6E-43] of the Hawaii Revised Statute including those listed in the Hawaii register of historic places. Item 2 is adjacent to the Kahahu`u Historical District. The Constitution of the State of Hawaii clearly states the duty of the State and its agency is to preserve,protect, and preserve interference with traditional customary rights of native Hawaiians, Article 12, Section 7. Requires the State to protect all rights, customarily and traditional exercise for subsistence, culture and religious purposes and pose by ahupua`a tenants who are the descendants of native Hawaiian who inhabit the Hawaiian Islands prior to 1778. So, this goes for Item 1 and 2. I oppose both of them. Thank you. VITOUSEK: Mahalo. The hearing ended at 9:40 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 3 EXHIBIT A