COM 0410.000 2004-2006 - Laserfiche WebLink

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Stacy Higa, Chairman and Members of the County Council Page 6 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 archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • The valued cultural historical, and natural resources found in the rezoning area: There are no valued cultural, historical and natural resources found in the rezoning area. The properties were previously disturbed for the construction of dwellings. • Possible adverse effect or impairment of valued resources: Given the scope of work previously conducted and the property's urban setting, no known rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. • Feasible actions to protect native Hawaiian rights: 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. Based on the above findings, approval of this change of zone request from Single Family Residential (RS-10) to Limited Industrial (ML-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted.