COM 0692.000 2004-2006 - Laserfiche WebLink

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Stacy Higa, Chairman and Members of the County Council Page 6 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. 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. However, there are existing azchaeological studies conducted of the immediate area. • The valued cultural historical and natural resources found in the rezoning azea: The applicant has requested a letter of no effect from the DLNR-HPD. 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 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 yrotect native Hawaiian rights: 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. Based on the above findings, approval of the Change of Zone request from Agricultural (A-20a) to the Agricultural (A-Sa) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-2 (North and South Kona District, of the County Zoning Code is transmitted.