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<br /> <br /> <br /> <br /> <br /> <br /> Honorable James Y. Arakaki, Chairman <br /> and Members of the County Council <br /> Page 6 <br /> <br /> "no effect" letter from the State Historic Preservation Division. By letter dated June 25, <br /> 2004, the State Department of Land and Natural Resources Historic Preservation Division <br /> has stated that "residential development/urbanization has altered the land; thus, we <br /> believe that no historic properties will be affected by this undertaking." The applicant has <br /> stated that work will cease and the Planning Department will be notified if any <br /> unanticipated archaeological features or sites are discovered during the course of <br /> improving the site. <br /> <br /> Possible adverse effect or impairment of valued resources: Native plants could be <br /> destroyed by construction and ground alteration. The property does not abut the <br /> shoreline, therefore Hawaiian gathering and fishing rights is not an issue. <br /> <br /> Feasible actions to protect native Hawaiian rights: Conditions of approval will be <br /> included to require the applicant to notify the Department of Land and Natural Resources <br /> - Historic Preservation Division (DLNR-HPD) should any unidentified sites or remains <br /> be encountered, and proceed only upon an archaeological clearance from the DLNR- <br /> HPD. The applicant has stated that there is no evidence of any traditional and customary <br /> Native Hawaiians rights being practiced on the site, nor existence of any known valued <br /> cultural, historical or native resources in the area. Thus, it is believed that the project <br /> <br /> would have no adverse impact relative to the cultural and historical resources of the area. <br /> To the extent to which traditional and customary Native Hawaiian rights are exercised, <br /> the proposed action will not affect traditional Hawaiian rights and no action is necessary <br /> to protect these rights. <br /> <br /> Based on the above findings, approval of this change of zone request from Single- <br /> Family Residential (RS-10) to an Industrial-Commercial Mixed (MCX-20) district would <br /> result in an appropriate land use pattern that will further benefit the general public. <br /> <br /> For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of <br /> the County Zoning Code is transmitted. <br />