COM 0520.000 2022-2024 - Laserfiche WebLink

Home

upgrade any necessary water and sewer lines to connect to the County's main water and sewer lines located on the parcel. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian rights, such as gathering and fishing rights, must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued.resources: Previous approvals for land development on this parcel have not revealed any historic resources on the subject parcel. Staff notes that this property has undergone extensive ground disturbance and grading of the parcel during the development of the existing commercial building and parking area. The County has determined that based on the location of the parcel being within a heavily used commercial/industrial area that no historic properties would be affected by the proposed project. The valuable cultural, historical, and natural resources found in the area: The only valuable resource in the immediate area is Reeds Bay Ice Ponds which is located across the three (3) lane Kalaniana`ole Street which was recently improved along its entire length in this area. The proposed project will not impact. or affect the use of Reeds Bay Ice Ponds and the nearby Banyan Drive area. Possible adverse effects or impairment of valued resources: There is no evidence that the flora in the area is particularly desired or used for cultural practices as the site has a long history of ground disturbance and development that has completely removed most of the vegetation on the site. There are no tall trees, and landscaping will be used to screen. the property from the surrounding area and provide some beautification to the area which is primarily heavy development and industrial uses. Feasible actions to protect native Hawaiian rights: The proposed development will not restrict access to, and the use of natural resources at the Reeds Bay Ice Ponds as the subject property is located across the street. A condition of approval has also been added to protect any unidentified cultural, historical, and natural resources in the event any are encountered during construction. To the extent that traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Lastly, this approval is made with the understanding that the Applicant remains responsible for complying with all other applicable government 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 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. -4-