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The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 23, 2024 Page 5 The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The project site is situated approximately 0.34 miles from the nearest shoreline and is not situated within the Special Management Area, there is no direct public access to the shoreline or mountains located within the project site, and commercial development of the property will be required to follow County drainage code for on -site drainage mitigation and to connect to the County sewer. As such, the proposed development should not have any substantial adverse impacts on coastal processes or conditions, nor will its approval be contrary to the objectives and policies of Chapter 205A, HRS relating to Coastal Zone Management. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa `akai O Ka ` Aina" decisions, the issue relative to native Hawaiian rights, such as 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 formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application, however, during the previous change of zone amendment in 2016, the Department of Land and Natural Resources — State Historic Preservation Division (SHPD) determined that although no archaeological inventory survey had been conducted, aerial photos indicated that the area had been subject to previous grading which has significantly altered the land. In addition, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. The valuable cultural, historical, and natural resources found within the project site. Although no professional surveys were conducted on this site, the area has been improved and is located within an urban environment close to commercial, industrial and residential uses, it is unlikely that rare or endangered floral or faunal resources are on the site. Possible adverse effect or impairment of valued resources and feasible actions to protect native Hawaiian rights: There is no evidence of any valued cultural, historical, and/or natural resources found on the site, thus to the extent 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, conditions of approval will require the applicant to implement the archaeological monitoring plan and to follow necessary mitigation procedures in the event of an inadvertent find of archaeological remains while developing the property. With implementation of the mentioned conditions of approval the proposed action will not affect traditional Hawaiian rights.