COM 0787.000 2002-2004 - Laserfiche WebLink

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Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions, the issue relative to native Hawaiian 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 azchaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. However, there are existing azchaeological studies of the immediate area. • The valued cultural historical and natural resources found in the rezoning area: In similaz rezoning in the Kaloko Mauka Subdivision, the State Department of Land and Natural Resources Historic Preservation Division has stated that the likelihood of historic sites is extremely low due to elevation and terrain and no historic properties will be affected by this undertaking. • Possible adverse effect or impairment of valued resources: Native plants maybe destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian ri ts: As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to 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. According to the Department of Water Supply ,water can be made available from an existing 8-inch waterline along Kaloko Drive. Wastewater generated by the proposed development will be disposed of by individual wastewater disposal systems for each lot, meeting the requirements of the Department of Health. All other essential utilities and services are or will be made available to the site. Based on the above findings, approval of the Change of Zone request from an Agricultura120-acre (A-20a) to the Family Agricultural 3-acre (FA-3a) district would