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Heather Kimball, Council Chair <br />and Members of the County Council <br />October 13, 2023 <br />Page 5 <br />DOH regulations for wastewater systems. A condition of approval will be added to <br />address the preceding. <br />The subject property is located approximately 2.0 miles from the nearest police <br />station on KapioIani Street and approximately 1.5 miles from the nearest 5re station off <br />Haihai Street. A condition of approval will be included to require the applicants to meet <br />all applicable County. State and Federal laws, rules. regulations, and requirements. <br />A fair share contribution to mitigate project impacts to regional roads_ parks and <br />public services is not required for the proposed rezone request, as there is an existing <br />dwelline in the rezone area and no additional lots will be created within the rezone area. <br />The proposed rezoning and subsequent 2-lot subdivision request will not trigger <br />the affordable housing requirement in the Housing Code (Chapter 11. Article I. Hawaii <br />County Code) since less than 4 lots will be created. Therefore, the applicant does not <br />need approval by the Administrator of the Office of (lousing and Community <br />Development prior to Final Subdivision Approval. <br />There are no severe geological or topographical problems for the property <br />that cannot be properly rectified, or which would render the land unusable. The <br />subject property is in an area designated as Zone " X, an area determined to be outside the <br />500-year flood plain, on the Flood Insurance Rate Map (FIRM) by the Federal <br />Emergency Management Agency TEMA). Although the applicant is not proposing <br />further development at this time, a condition of approval will be added to require that all <br />development generated runoff will be disposed of on -site and not directed toward any <br />adjacent properties and all earthwork activity, including grading. grubbing, and <br />stockpiling, and the project will conform to Chapter 10, Frosion and Sedimentation <br />Control, of the Hawaii County Code. Thus, the proposed change of zone meets this <br />criterion. <br />The request is not contrary to Chapter 205A, Hawaii Revised Statutes, <br />relating to Coastal Zone Management Area. The subject property is located <br />approximately 3 miles from the nearest shoreline, is not situated within the Special <br />Management Area, and will not be impacted by coastal hazards and beach erosion. There <br />are no identified recreational resources or public access to the shoreline or mountain <br />areas. scenic and open space preserves. coastal ecosystems, marine resources. or historic <br />resources in the area. 'I hus, the proposed request and use of the property will not <br />adversely impact those resources. <br />The request will not have a significant adverse impact to traditional and <br />customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" <br />