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Heather :Kimball, Council Chair <br />and Members of the County Council <br />County of Hawai i <br />October 09, 2024 <br />Page 6 <br />The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating <br />to Coastal Zone Management Area. The subject property is located approximately 0.9 <br />miles from the nearest coastline, is not situated within the Special Management Area and will <br />not be impacted by coastal hazards and beach erosion. There is no designated public access <br />to the mountains or the shoreline that runs through the property. The proposed use will not <br />adversely impact any recreational resources, including access to and along the shoreline, <br />scenic and open space nor visual resources, coastal ecosystems, and marine and coastal <br />resources. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, <br />Hawaii Revised Statutes. <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" and <br />"Ka Pa`akai O Ka`Aina" decisions, the issue relative to Native Hawaiian gathering and <br />fishing rights must be addressed in terms of the cultural, historical, and natural resources and <br />the associated traditional and customary practices of the site. <br />■ Investigation of valued resources: No formal archaeological reconnaissance <br />survey, oral history of kama`aina accounts of the area, historical survey of <br />documentary records, or botanical study was included in the application. <br />■ The valued cultural, historical, and natural resources found in the rezoning: <br />According to the applicant, no archeological or historical features are known to <br />exist on the subject property nor is the property listed as a historic site on the State <br />or National Register of Historic Places. <br />As mentioned previously, the entire subject property has been developed with a <br />medical facility with a parking lot, driveway and related improvements for 34 years. Given <br />the urban development of the parcel and surrounding area, it is unlikely there are endangered <br />species of plants or animals on the subject property. According to the applicant, there are no <br />known customary or Native Hawaiian cultural rights exercised within the subject property. <br />No professional surveys were conducted of the flora/fauna resources on the property. <br />■ Possible adverse effect or impairment of valued resources: Native plants and/or <br />endangered species are unlikely to be impacted due to the already impacted <br />property as mentioned above. <br />■ Feasible actions to protect native Hawaiian rights: As stated by the applicant, no <br />gathering is taking place on the site. Thus, to the extent to which traditional and <br />customary native Hawaiian rights are exercised, the proposed action will not <br />affect traditional Hawaiian rights; therefore, no action is necessary to protect these <br />