COM 0973.000 2020-2022 - Laserfiche WebLink

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Maile David, Council Chair and Members of the County Council County of Hawai`i August 17, 2022 Page 8 sugar cane cultivation for decades. Furthermore, the properties are situated approximately 1.8 miles from the nearest shoreline, thus it is unlikely that any valuable cultural, historical, or natural resources are located on the subject parcels. Finally, given the preceding and the urban nature of the surrounding area, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the site. Possible adverse effect or impairment of valued resources: There may be a possibility that native plants could be destroyed by construction and ground alteration, but this is unlikely as no native plants have been observed on the site. The subject property does not abut the shoreline,therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: No known 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. Based on the preceding, it is believed that the project would have no adverse impact relative to the archaeological, cultural, or historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with DLNR-SHPD requirements, 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, approval of this Change of Zone from a Single-Family Residential-10,000 Square Feet (RS-10) to a Single-Family Residential-15,000 Square Feet (RS- 15) zoning district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-15 (Hamakua District Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill.