COM 0766.000 2004-2006 - Laserfiche WebLink

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Stacy Higa, Chairnian and Members of the County Council Page 5 In view of the Hawaii State Supreme Court's "DASH" 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: The following information was included in the application: A. Botanical Survey by Kenneth M. Nagata, November 10, 1993. (Appendix A) B. Survey of the Avifauna and Feral Mammals at Moeauoa, Kailua-Kona, North Kona, Hawaii, by Phillip L. Bruner, October 22, 1993. (Appendix B) C. An Archaeological Inventory Survey of 126 acres in the Ahupuaa of Lanihau 2, Moeauoa 1, and Moeauoa 2, Kailua-Kona, Island of Hawaii, Robert L. Spear, Ph.D., Scientific Consultant Services, Inc., revised September 1996. (Appendix C) • The valued cultural, historical, and natural resources found in the rezoninP area: There are a number of historically significant sites on the properties. As such, the applicant will be required to complete a data recovery and preservation plan for the project. • Possible adverse effect or impairment of valued resources: Native plants maybe destroyed by 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 rights: According to the landowner, there is no evidence of any gathering 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 5-acre (A-Sa) to Residential and Agricultural 1-acre (RA-1 a) and Multiple Family Residential 3,500 square feet (RM-3.5) would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare.