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Heather Kimball, Council Chair and Members of the County Council County of Hawaii September 30, 2024 Page 6 There is no municipal sewer in the vicinity of the rezone area, thus a condition of approval will require the installation of individual wastewater systems meeting the requirements of the State Department of Health as part of the building permit process. There are no municipal waste collection services in the County. According to the application, solid waste will be handled by commercial haulers or individual homeowners, who will dispose of the refuse at authorized transfer stations or landfill sites. Police, Fire and medical services are available nearby in Kea`au. Electrical and telephone services are available to the site. A condition of approval will be included to require the applicants to meet all applicable County, State and Federal laws, rules, regulations and requirements. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. There are no significant topographical constraints that would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the rezone area is located in Zone "V, an area of minimal flood hazard. Conditions of approval will require that all development generated runoff be disposed of onsite and that the applicant will comply with Chapter 10, Hawai`i County Code related to Erosion and Sedimentation Control. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The rezone area is not situated within the Special Management Area. It is located approximately 3.9 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, or other natural and environmental resources on the subject property. 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: Given the extensively altered condition of the rezone are due to its former use as sugarcane land and its recent use as a nursery with the cultivation of commercial dracaena, rhapis palms, and avocado trees on most of the property, no formal archaeological reconnaissance survey, oral history of kama`aina