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COM 0743.000 2020-2022
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COM 0743.000 2020-2022
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Last modified
4/27/2022 12:03:21 PM
Creation date
4/18/2022 10:05:54 AM
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Communications
Communications - Type
COM
Communications - Council Term
2020-2022
Communication
0743
Point
000
Author
Lee E. Lord, Managing Director for Mitchell D. Roth, Mayor
Communications - Referred To
PC
Document Relationships
AGE COUNCIL 2022-05-18 2020-2022
(Related To)
Path:
\Council Records\Agendas\2020-2022\Council
AGE COUNCIL 2022-06-01 2020-2022
(Related To)
Path:
\Council Records\Agendas\2020-2022\Council
AGE PC 2022/05/03 (2020-2022)
(Related)
Path:
\Council Records\Agendas\2020-2022\Planning Committee (PC)
BIL 158 Draft 01 2020-2022
(Related To)
Path:
\Council Records\Bills\2020-2022
REP PC 065 2022/05/03 (2020-2022)
(Related To)
Path:
\Council Records\Reports\2020-2022\Planning Committee (PC)
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I <br /> DocuSign Envelope ID:BF50FBFB-9AD1-4921-83DB-79CF926F6D75 <br /> Maile David, Council Chair <br /> and Members of the County Council <br /> County of Hawai`i <br /> March 24, 2022 <br /> Page 5 <br /> previously stated, the applicant does not anticipate any new construction as part of this <br /> request, however, standard conditions of approval will be added to require that all <br /> development generated runoff will be disposed of on site and not directed toward any <br /> adjacent properties and all earthwork activity, including grading, grubbing, and <br /> stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation <br /> Control, of the Hawaii County Code. Thus,the proposed change of zone meets this <br /> criterion. <br /> The request is not contrary to Chapter 205A, Hawaii Revised Statutes, <br /> relating to Coastal Zone Management Area. The subject property is located <br /> approximately ten(10)miles from the nearest shoreline, is not situated within the Special <br /> Management Area and will not be impacted by coastal hazards and beach erosion. There <br /> are no identified recreational resources or public access to the shoreline or mountain <br /> areas, scenic and open space preserves, coastal ecosystems, marine resources, historic <br /> resources in the area. Thus, the proposed request and use of the property will not <br /> adversely impact those resources. <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" <br /> and"Ka Pa`akai U Ka Aina" decisions, the issue relative to native Hawaiian gathering <br /> and fishing rights must be addressed in terms of the cultural,historical, and natural <br /> resources and the associated traditional and customary practices of the site. <br /> As the subject property has been developed with a residential use since 1963, no <br /> professional archaeological and/or cultural studies were conducted of the property. No <br /> archeological or historical features are known to exist on the subject property and the <br /> applicant is not seeking to further develop the property(besides minor improvements and <br /> maintenance of the existing structures and dwellings). The subject site is not adjacent <br /> and/or proximate to the shoreline, thus the gathering of marine life and coastal access is <br /> not practiced, and the applicant has not observed any Native Hawaiians gathering plants <br /> on the subject property or the surrounding properties. <br /> Finally, due to the long-standing residential use of the subject property and <br /> suburban character of the surrounding neighborhood,no floral of faunal studies were <br /> conducted. The applicant indicated that floral and faunal resources on the property are <br /> limited to introduced, ornamental plants and introduced bird and small animal species. <br /> There are no known listed or endangered species situated on or in the vicinity of the <br /> subject property. <br /> Lastly, this recoznmendation is made v,,ith the understanding that the applicant <br /> remains responsible for complying with all other applicable governmental requirements <br />
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