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Dr. Holeka Goro Inaba, Council Chair <br />and Members of the County Council <br />County of Hawaii <br />June 20, 2025 <br />Page 5 <br />The subject property is serviced by the County's sewer system with an existing <br />connection to the sewer main located within Kino`ole Street and the existing dwelling is <br />connected to it. A condition of approval will require that wastewater disposal for any new <br />development on the property to connect to the County sewer system in compliance with <br />Section 21-5 of Hawaii County Code. <br />Solid waste will be handled by a commercial hauler and disposed of at authorized <br />landfill sites or transfer stations, all essential utilities are available to the property and <br />police, fire and medical facilities are located nearby in Hilo. A condition of approval will <br />require the applicant to meet all applicable County, State and Federal laws, rules, <br />regulations, and requirements. <br />There are no severe geological or topographical problems for the property <br />that cannot be properly rectified, or which would render the land unusable. The <br />subject property is in an area designated as Zone "X", an area determined to be outside <br />the 500-year flood plain, on the Flood Insurance Rate Map (FIRM) by the Federal <br />Emergency Management Agency (FEMA). A condition of approval will be added to <br />require that all development generated runoff will be disposed of on -site and not directed <br />toward any adjacent properties and all earthwork activity, including grading, grubbing, <br />and stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation <br />Control, of the Hawaii County Code. Thus, the proposed change of zone meets this <br />criterion. <br />The request is not contrary to Chapter 205A,. Hawaii Revised Statutes, <br />relating to Coastal Zone Management Area. The subject property is located <br />approximately 1 mile from the nearest shoreline, it is not situated within the Special <br />Management Area and will not be impacted by coastal hazards and beach erosion. There <br />is no designated public access to the mountains or the shoreline that runs through the <br />property. The proposed use will not adversely impact any recreational resources, <br />including access to and along the shoreline, scenic and open space nor visual resources, <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 "PASH" <br />and "Ka Pa `akai O Ka `Gina" 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 />