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COM 0409.000 2004-2006
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COM 0409.000 2004-2006
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Entry Properties
Last modified
5/13/2008 11:40:04 AM
Creation date
5/8/2008 11:36:24 PM
Metadata
Fields
Template:
Communications
Communications - Type
COM
Communications - Council Term
2004-2006
Communication
0409
Point
000
Author
Harry Kim, Mayor
Communications - Referred To
PC
Comments
Council: Bill 140 amended to Draft's 2 & 3 - 9/21/05 PC-341: Recommends passage of Bill 140 on first reading - 9/7/05 Presented: PC - 9/7/05
Document Relationships
AGE COUNCIL 09/21/2005 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Council
AGE PC 09/07/2005 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Planning Committee (PC)
BIL 140 Draft 01 2004-2006
(Related To)
Path:
\Council Records\Bills\2004-2006
BIL 140 Draft 01 2004-2006
(Related)
Path:
\Council Records\Bills\2004-2006
COM 0409.001 2004-2006
(Related To)
Path:
\Council Records\Communications\2004-2006
REP PC 034 09/07/2005 2004-2006
(Related To)
Path:
\Council Records\Reports\2004-2006\Planning Committee (PC)
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Stacy Higa, Chairman <br /> and Members of the County Council <br /> <br /> Page 4 <br /> The property has been developed for single-family residential use since 1932, thus <br /> no formal archaeological study was conducted. The property has been extensively <br /> landscaped with a lawn and ornamental species. The applicants state that there is no <br /> habitat that would appear valuable for native terrestrial or aquatic species. By letter dated <br /> March H, 2005, the applicants have requested a "no effect" letter from the State <br /> Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). <br /> In a memo dated May 11, 2005, the DLNR-HPD has stated that "residential <br /> development/urbanization has altered the land; home on property is considered an [sic] <br /> historic property as it is over 50 years old, but proposed action does not pose any <br /> potential adverse effect. No historic properties will be affected by this undertaking." <br /> No professional flora or fauna surveys were conducted of the site, as the property <br /> has been developed for single-family residential use since 1932. The property is located <br /> in an urban setting in an area dominated by single-family residential uses. The applicants <br /> do not believe that rare or endangered floral or faunal resources are on the site. The site <br /> or general area is not known to be a habitat for any rare or endangered animal life. Given <br /> the disturbed and urban nature of the surrounding area, the presence of any endangered <br /> animal life is remote. <br /> The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to <br /> Coastal Zone Management. The property is not located in the Special Management Area. <br /> The project site is located more than two miles from the shoreline and will not be <br /> impacted by coastal hazard and beach erosion. There is no record of a designated public <br /> access to the shoreline or mountain areas Chat traverses the property. According to the <br /> applicants, no valued cultural, historical or natural resources exist on the property and <br /> there is no evidence of any traditional and customary Native Hawaiian rights being <br /> practiced on the site. Thus, it is not anticipated that the proposed request will have any <br /> adverse impact on cultural or historical resources in the area. Therefore, no action is <br /> necessary to protect these rights. <br /> In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O <br /> Ka'Aina "decisions, the issue relative to native Hawaiian gathering and fishing rights <br /> must be addressed in terms of the cultural, historical, and natural resources and the <br /> associated traditional and customary practices of the site: <br /> Investigation of valued resources: No formal archaeological reconnaissance <br /> survey, oral history of kamaaina accounts of the area, historical survey of documentary <br /> records, botanical and/or fauna study was submitted. <br /> <br />
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