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Filially. based oil consultation with the Planning, Department's Administrative Permits
<br /> Division (the division that previously processed PUD applications), the Director is comfortable
<br /> recommending approval of the entire state of exceptions, as there were tao significant concerns
<br /> ,vith what was proposed. It should be noted that the 40-lot subdivision will stilt be required to go
<br /> through a format subdivision process and will be SLIbjeCt to all other requirements of the Zoning
<br /> and Subdivision codes, less the exceptions requested here.
<br /> The reqtiest will not have a si-nnificant adverse imli,act to traditional and customary
<br /> Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "K(i flo'okoi 0
<br /> Kti'Aim-t decisions, the Issue relative to native Hawaiian gathering and fishing rights must be
<br /> addressed in terms of the cultural, historical, and natural resources and the associated traditional
<br /> and customary practices Of tile Site-,
<br /> hivestiimfion of valued resources: No professional archaeological, cultural Studies, oi-
<br /> flora/fauna Studies were conducted on the subject properties as they have been heavily physically
<br /> altered and used for Intensive sugar cane cultivation for decades. According to the applicant, it Is
<br /> unknown if the subject property or Immediate surrounding area was used in the past for the
<br /> ,gathering of plants by Native Hawaiians.
<br /> According to the applicant, vegetation on the subject properties primarily consists of
<br /> abandoned sugar cane with a mix of non-native grasses and pockets of ironwood trees, Observed
<br /> fauna include introduce bird species Such as clave, Japanese White-eve, house finch and myna
<br /> that are common in the surroundin(y area, as well as domestic animals such as cats, dogs, Boats,
<br /> chickens, rats, and feral pigs.
<br /> The valuable -cultural-,- historical, and natural resources found in the rezoning area:
<br /> According to the applicant, the subject properties have been previously used for intensive sugar
<br /> cane cultivation for decades. Furthermore, the properties are Situated approximately 1.8 miles
<br /> from the nearest shoreline, thus it Is unlikely that any valuable cultural, historical, or natural
<br /> resources are located on the subject parcels. Finally, given the preceding and the urban nature of
<br /> the surrounding area, the, applicant does not believe that rare or endangered floral or faunal
<br /> resources are likely to be found within the site.
<br /> Possible adverse effect or impairment of valued resources: There may be a possibility
<br /> that native plants could be destroyed by construction and �11_01,lnd alteration, but this is Unlikely as
<br /> no native plants have been observed on the site. The subject property does not abut the shoreline,
<br /> therefore Hawaiian uatherinu and fishima rights is not an Issue.
<br /> Feasible actions to protect native Havvalian lights: No known gathering is taking place oil
<br /> the site. Thus, to the extent to which traditional and customary native Hawaiian rights are
<br /> exercised, the proposed action will not affect traditional Hawaiian rMits: therefore, no action is
<br /> necessary to protect these rights.
<br /> Based oil the preceding, It is believed that the project would have no adverse impact
<br /> Z� 0j
<br /> relative to the arch aeol o(-,i cal, cultural, or historical resources of the area. To the extent to which
<br /> traditional and customary Native Hawaiian rights are exercised, the proposed action will not
<br /> affect traditional Hawaiian rights and no action is necessary to protect these rights.
<br /> Lastly, this approval is made with the understanding that the applicant remains
<br /> responsible for complyinc, with all other applicable governmental requirements in connection
<br /> with the approved use, prior to its commencement or-establishment upon the subject property.
<br /> Additionalaovernniental requirements may 'include the issuance of building I
<br /> zn - Penn ts' the
<br /> installation of approved wastewater disposal systerns, compliance with the Fire Code, installation
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