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Heather Kimball. Council Chair and Members of the County Council October 13, 2023 Page 6 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: No professional archaeological and cultural study was conducted of the property as the subject property has been previously impacted by ground -disturbing activities associated with the residential and agricultural development. No further ground disturbance is proposed. "fhe Planning Department has no record of any cultural or historic resources on the property. The valued cultural historical and natural resources found in the rezoning area: According to the applicant, there are no known valued cultural, historical. and natural resources to be found in the rezoning area. The Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SIIPD) provided no objections to the requested change of zone application and stated that no historic properties will be affected for the proposed rezone. • Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments that will occur to any valued resources. • Feasible actions to protect native Hawaiian rights: As stated by the applicant. 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. However. a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites. Such as rock walls, terraces, platforms. marine shell concentrations or human burials be encountered. should the applicant further develop the subject property. Lastly. this recommendation is made with the understanding that the applicant remain responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its coin mencentent or establishment upon the subject property. Additional governmental requirements may include the issuance of building permit. compliance with the 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 uctiou b, thr Planning Department and/orthe affected agencies.