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COM 0407.000 2024-2026
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COM 0407.000 2024-2026
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Last modified
8/13/2025 11:54:13 AM
Creation date
7/22/2025 2:29:37 PM
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Communications
Communications - Type
COM
Communications - Council Term
2024-2026
Communication
0407
Point
000
Author
William V. Brilhante, Jr., Managing Director
Communications - Referred To
LAAC
Document Relationships
AGE COUNCIL 2025-08-20 2024-2026
(Related To)
Path:
\Council Records\Agendas\2024-2026\Council
AGE LAAC 2025-08-05 2024-2026
(Related)
Path:
\Council Records\Agendas\2024-2026\Legislative Approvals and Acquisitions Committee (LAAC)
BIL 073 Draft 01 2024-2026
(Related To)
Path:
\Council Records\Bills\2024-2026
REP LAAC 020 2025-08-05 2024-2026
(Related)
Path:
\Council Records\Reports\2024-2026\Legislative Approvals and Acquisitions Committee (LAAC)
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Dr. Holeka Goro Inaba, Council Chair <br />and Members of the County Council <br />County of Hawaii <br />July 13, 2025 <br />Page 5 <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 2 miles 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 `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 developed for <br />residential use since 1952, no formal archaeological reconnaissance survey, oral <br />history of kama`aina accounts of the area, historical survey of documentary <br />records, or floral/faunal studies were included in the application or found in <br />Planning Department records. <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 applicant, it is not known whether the subject property or <br />immediate surrounding area has been used in the recent past for the gathering of <br />plants by Native Hawaiians. <br />Finally, the likelihood of any rare or endangered animal species, habitat or flora <br />on the property is remote given the long developed, urban nature of the property <br />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 surrounding urban environment. <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. That said, as the proposed zoning could allow the <br />
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