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Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 6 applicant will employ Best Management Practices in regard to construction related runoff as well as stormwater management for the developed site. There is no record of a designated public access that traverses the property and no valued cultural, historical, or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on those resources. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian 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 valued cultural, historical, and natural resources found in the rezoning 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 effect 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