COM 0945.000 2020-2022 - Laserfiche WebLink

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T Maile David, Council Chair and Members of the County Council County of Hawai` August 9, 2022 Page 12 According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. Possible adverse effect or impairment of valued resources: With the exception of the previously mentioned archaeological sites, which should be protected pursuant to the approved AMP, the impairment of other valued resources on the property is unlikely. Feasible actions to protect native Hawaiian rights: As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. However, in addition to the AMP mentioned above, a condition of approval will be added for the protection of inadvertent fmds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the request to rezone the property from an Agricultural-1 acre (A-la) zoning district to a Single-Family Residential-10,000 square feet (RS-10) zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-4 (South Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 edition, as amended), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill.