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COM 0332.000 2020-2022
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COM 0332.000 2020-2022
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Last modified
7/28/2021 10:37:11 AM
Creation date
7/16/2021 1:35:56 PM
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Communications
Communications - Type
COM
Communications - Council Term
2020-2022
Communication
0332
Point
000
Author
Mitchell D. Roth, Mayor
Communications - Referred To
PC
Document Relationships
AGE COUNCIL 2021-08-18 2020-2022
(Related To)
Path:
\Council Records\Agendas\2020-2022\Council
AGE COUNCIL 2021-09-08 2020-2022
(Related To)
Path:
\Council Records\Agendas\2020-2022\Council
AGE PC 2021/08/03 (2020-2022)
(Related)
Path:
\Council Records\Agendas\2020-2022\Planning Committee (PC)
BIL 058 Draft 01 2020-2022
(Related To)
Path:
\Council Records\Bills\2020-2022
REP PC 027 2021/08/03 (2020-2022)
(Related To)
Path:
\Council Records\Reports\2020-2022\Planning Committee (PC)
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Maile David, Council Chair <br /> and Members of the County Council <br /> County of Hawaii <br /> Page 6 <br /> The request is not contrary to Chapter 205A,Hawaii Revised Statutes, relating <br /> to Coastal Zone Management Area. The subject property is located over one and a half <br /> (1.5) miles from the nearest shoreline, is not situated within the Special Management Area <br /> and will not be impacted by coastal hazard and beach erosion. There are no identified <br /> recreational resources or public access to the shoreline or mountain areas, scenic and open <br /> space preserves, coastal ecosystems, marine resources, or other natural and environmental <br /> resources in the area. Thus, the proposed request and use of the property will not adversely <br /> impact those resources. <br /> As the subject property was previous cleared, and given the suburban, developed <br /> nature of the surrounding area, it is not anticipated that endangered or threatened candidate <br /> species of flora or fauna are located within the subject property. <br /> The request will not have a significant adverse impact to traditional and <br /> customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and <br /> "Ka Pa`akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering and <br /> fishing rights must be addressed in terms of the cultural, historical, and natural resources and <br /> the associated traditional and customary practices of the site. <br /> Investigation of valued resources: No formal archaeological reconnaissance survey, <br /> oral history of kama`aina accounts of the area, historical survey of documentary records, or <br /> botanical study was included in the application. However, the site has been used as a <br /> dwelling since its construction in 1925. <br /> The valued cultural, historical, and natural resources found in the rezoning area: <br /> According to the applicants, it is not known whether the subject property or immediate <br /> surrounding area has been used in the recent past for the gathering of plants by Native <br /> Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering <br /> plants or conducting any other customary and traditional practices on the site or the adjoining <br /> properties. <br /> Possible adverse effect or impairment of valued resources: The subject property has <br /> been covered by development (single-family dwelling and related improvements) since 1925 <br /> and includes a large grassy lawn and landscaping and thus it is highly unlikely that the parcel <br /> contains threatened or endangered valued resources. <br /> Feasible actions to protect native Hawaiian rights: A condition of approval will be <br /> added for the protection of inadvertent finds should any remains of historic sites, such as rock <br /> walls, terraces,platforms,marine shell concentrations or human burials be encountered. <br /> Lastly, this recommendation is made with the understanding that the applicant <br /> remains responsible for complying with all other applicable governmental requirements in <br /> connection with the proposed use, prior to its commencement or establishment upon the <br />
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