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COM 0157.000 2024-2026
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COM 0157.000 2024-2026
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Last modified
3/11/2025 4:30:19 PM
Creation date
2/21/2025 8:48:56 AM
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Communications
Communications - Type
COM
Communications - Council Term
2024-2026
Communication
0157
Point
000
Author
William V. Brilhante, Jr., Managing Director
Communications - Referred To
LAAC
Document Relationships
AGE LAAC 2025-03-06 2024-2026
(Related)
Path:
\Council Records\Agendas\2024-2026\Legislative Approvals and Acquisitions Committee (LAAC)
BIL 030 Draft 01 2024-2026
(Related To)
Path:
\Council Records\Bills\2024-2026
REP LAAC 010 2025-03-06 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 />February 17, 2025 <br />Page 6 <br />coastal ecosystems, and marine and coastal resources. Therefore, the proposed use is not <br />contrary to the objectives of Chapter 205A, 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 "DASH" <br />and "Ka Pa `akai O Ka `Aina " decisions, the issue relative to Native Hawaiian gathering <br />and fishing rights must be addressed in terms of the cultural, historical, and natural <br />resources and the associated traditional and customary practices of the site. <br />■ Investigation of valued resources: As the subject property has been impacted by <br />ground -disturbing activities associated with previous residential development <br />since 1962, no formal archaeological reconnaissance survey, oral history of <br />kama`aina accounts of the area, historical survey of documentary records, or <br />floral/faunal studies were included in the application. <br />■ The valued cultural, historical, and natural resources found in the rezoning area: <br />No known archeological or historical features exist on the subject property nor is <br />the property listed as a historic site on the State or National Register of Historic <br />Places. According to the applicants, it is not known whether the subject property <br />or immediate surrounding area has been used in the recent past for the gathering <br />of plants by Native Hawaiians. <br />Finally, the likelihood of any rare or endangered animal species, habitat or <br />flora on the property is remote given the long developed, urban nature of the <br />property and surrounding area. <br />■ Possible adverse effect or impairment of valued resources: Native plants and/or <br />endangered species are unlikely to be impacted by the proposed development due <br />to the already impacted property and the applicants' intention to develop within <br />the footprint of existing structures. According to the State Historic Preservation <br />Division (SHPD), no historic properties will be affected by the proposed change <br />of zone, however, as recommended, a condition of approval will be included to <br />protect subsurface historic resources, should they be found. <br />■ Feasible actions to protect native Hawaiian rights: To the extent to which <br />traditional and customary native Hawaiian rights are exercised, the proposed <br />action will not affect traditional Hawaiian rights; therefore, no action is necessary <br />to protect these rights. <br />
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