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HomeMy WebLinkAbout2025-11-14 Testimony from Cindy FreitasFrom:cindy Freitas To:Planning LPC Testimony Subject:Leeward Planning commission Meeting Nov 20, 2025 Date:Friday, November 14, 2025 6:11:31 PM Attachments:nov 20 25 leeward planning oppose.docx Aloha,Can I please testify on this Old Business 1 and 2. Mahalo November 14, 2025 Cindy Freitas makainanqi@gmail.com County of HI Leeward Planning Commission Meeting Date: Nov. 20, 2025 Time: 9:30 a.m. LPCtestimony@hawaiicounty.gov RE: Testimony for Old Business 1 & 2 He Mele komo a he mele aloha no na kupuna o ke au i hala Aloha mai kakou. Aloha, My name is Cindy Freitas and I’m a Native Hawaiian descended of the native inhabitants of Hawai’i prior to 1778 and born and raised in Hawai’i. I am also a practitioner who still practice the cultural traditional customary practices that was instill in me by my grandparents at a young age from mauka (MOUNTAIN TO SEA) to makai in many areas. I submit this testimony in stron opposition to Items 1 and 2 for the following reasons: 1. FAILURE TO ANALYZE SEA LEVEL RISE — HRS 205A Violation The Recommendation Report omits mandatory evaluation of sea level rise, despite the parcel’s oceanfront location. Under HRS §205A-2(c)(1)(B), the Commission must: “Reduce exposure to coastal hazards, including sea level rise.” The report does not mention: SLR Exposure Area (SLR-XA) 3.2 ft SLR planning benchmark Increased storm surge or run-up Structural erosion risks Case Law Umberger (2014) – Agencies must consider scientific evidence and future impacts. Kauaʻi Springs (2012) – Agency decisions must be supported by substantial evidence. There is zero evidence in the report. 2. NO CUMULATIVE IMPACT ANALYSIS — HAR §11-200.1 VIOLATION HAR §11-200.1-13 requires evaluation of: Cumulative impacts Secondary impacts Long-term impacts The Recommendation Report merely asserts that the neighborhood is “developed.” Case Law Sierra Club v. DOT (2007) – Cumulative impacts must be examined. Waikiki Malia (1993) – SMA approvals require complete environmental review. The lack of cumulative analysis is a legal flaw requiring denial or deferral. 3. NO KA PAʻAKAI ANALYSIS — Constitutional Violation The Recommendation Report fails the mandatory three-part Ka Paʻakai test, offering only conclusory statements: “It is not known whether cultural practices occur.” This violates: Case Law Ka Paʻakai o Ka ʻĀina (2000) – Agencies must: 1. Identify cultural resources & practices, 2. Assess impacts, 3. Mitigate with specific measures. PASH (1995) – Native Hawaiian rights must be actively protected. The report does not: Identify cultural practices Consult lineal descendants Evaluate impacts Provide mitigation This is a constitutional defect. 4. INCOMPLETE HISTORIC PRESERVATION REVIEW — Kaleikini Violation SHPD required archaeological monitoring because of potential historic properties. But construction is allowed before the study is complete. Case Law Kaleikini v. Yoshioka (2012) – Cannot approve construction first and study later. Mauna Kea Anaina Hou (2015) – Agencies must complete cultural review before approval. Approving now violates both decisions. 5. NO WATER QUALITY OR MARINE IMPACT ANALYSIS Despite proximity to coral reef, the report: Provides no turbidity study No reef impact study No runoff modeling No cumulative nearshore pollution analysis Violates: HRS §205A-2(c)(4) – Protect coastal ecosystems Hawaii Wildlife Fund v. County of Maui – Agencies must assess pollution pathways. 6. NO VISUAL IMPACT OR VIEWPLANE ANALYSIS Claiming scenic resources are protected without: • Photo simulations • View plane analysis • Height impact visuals Violates: • HRS §205A-2(3)(A) – Protect scenic open space. 7. NO CERTIFIED SHORELINE STUDY Report references a 40-ft setback but: No certified shoreline date is included No erosion study No proof of compliance with HRS §205A-42 This is legally insufficient to justify approval. REQUEST For these reasons, I respectfully request the Commission to: 1. DENY Item 1 (PL-SMA-2025-000080) 2. DENY OR DEFER Item 2 (SMA 03-000007) until: SLR analysis is completed Ka Paʻakai findings are conducted Cumulative, cultural, historic, and marine impact studies are done Certified shoreline and erosion studies are submitted Mahalo, _____/s/_____ Cindy Freitas