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COM 0076.000 2024-2026
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COM 0076.000 2024-2026
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2/6/2025 4:37:24 PM
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Communications
Communications - Type
COM
Communications - Council Term
2024-2026
Communication
0076
Point
000
Author
William V. Brilhante, Jr., Managing Director
Communications - Referred To
LAAC
Document Relationships
AGE LAAC 2025-01-21 2024-2026
(Related)
Path:
\Council Records\Agendas\2024-2026\Legislative Approvals and Acquisitions Committee (LAAC)
AGE LAAC 2025-02-04 2024-2026
(Related)
Path:
\Council Records\Agendas\2024-2026\Legislative Approvals and Acquisitions Committee (LAAC)
BIL 016 Draft 01 2024-2026
(Related To)
Path:
\Council Records\Bills\2024-2026
REP LAAC 008 2025-02-04 2024-2026
(Related)
Path:
\Council Records\Reports\2024-2026\Legislative Approvals and Acquisitions Committee (LAAC)
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The Honorable Chairman Holeka Goro Inaba <br />and Members of the County Council <br />County of Hawaii <br />December 24, 2024 <br />Page 6 <br />Investigation of valued resources: The applicant notes they have engaged ASM <br />Affiliates to conduct an Archeological Inventory Survey (AIS) to comply with NEPA <br />Environmental Assessment requirements for federal funding awarded for the project. As <br />part of the original rezone application, the State Department of Land and Natural <br />Resources, State Historic Preservation Division (SHPD), by letter dated September 9, <br />2008, determined that no historic properties will be affected since the land has been <br />altered by intensive cultivation. <br />The valued cultural, historical, and natural resources found in the rezoning area: <br />As mentioned above, SHPD determined that no historic properties would be affected and <br />the property has been cleared and impacted by agricultural activity. <br />There are no known features of cultural importance, there is no known history of <br />traditional practices associated with the property, nor is there any record of a designated <br />public access to the shoreline or mountain areas that traverses the property. <br />Possible adverse effect or impairment of valued resources: There is no evidence <br />of any possible adverse effects or impairments will occur to any valued resources. <br />Feasible actions to protect native Hawaiian rights: There is no evidence of any <br />valued cultural, historical, and/or natural resources found on the site, thus to the extent <br />which traditional and customary native Hawaiian rights are exercised, the proposed <br />action will not affect traditional Hawaiian rights; therefore, no action is necessary to <br />protect these rights. A condition of approval has been updated to address requirements for <br />inadvertent historic site finds during the development process. <br />Lastly, this recommendation is made with the understanding that the applicant <br />remains responsible for complying with all other applicable governmental requirements <br />in connection with the proposed use, prior to its commencement or establishment upon <br />the subject properties. Additional governmental requirements may include the issuance of <br />building permits, compliance with the Fire Code, installation of improvements required <br />by the American with Disabilities Act (ADA), among many others. Compliance with all <br />applicable governmental requirements is a condition of this approval; failure to comply <br />with such requirements will be considered a violation that may result in enforcement <br />action by the Planning Department and/or the affected agencies. <br />Based on the preceding findings, the Planning Director recommends a favorable <br />recommendation for a 10-year time extension to Condition D (complete construction) be <br />forwarded to the County Council. The accompanying draft bill to amend Ordinance No. 06 28 <br />is provided for your consideration. Please note the proposed conditions of approval attached to <br />the draft bill, including updates to conditions to reflect current standard condition language. <br />
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