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COM 0376.000 2006-2008
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COM 0376.000 2006-2008
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Entry Properties
Last modified
5/29/2009 2:40:25 PM
Creation date
5/8/2008 5:33:42 PM
Metadata
Fields
Template:
Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
0376
Point
000
Author
Harry Kim, Mayor
Communications - Referred To
PC
Comments
PC-30: Forwards Bill 96 to Council with a negative recommendation - 5/15/07; Council: Bill 96 filed due to vote count - 10/03/07
Document Relationships
AGE COUNCIL 2007/10/03 2006-2008
(Related)
Path:
\Council Records\Agendas\2006-2008\Council
AGE PC 05/15/2007 2006-2008
(Related)
Path:
\Council Records\Agendas\2006-2008\Plannning Committee (PC)
BIL 096 Draft 01 2006-2008
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Path:
\Council Records\Bills\2006-2008
COM 0376.001 2006-2008
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Path:
\Council Records\Communications\2006-2008
COM 0376.002 2006-2008
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Path:
\Council Records\Communications\2006-2008
COM 0376.003 2006-2008
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Path:
\Council Records\Communications\2006-2008
COM 0376.004 2006-2008
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Path:
\Council Records\Communications\2006-2008
COM 0376.005 2006-2008
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\Council Records\Communications\2006-2008
COM 0376.006 2006-2008
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Path:
\Council Records\Communications\2006-2008
COM 0376.007 2006-2008
(Related To)
Path:
\Council Records\Communications\2006-2008
COM 0376.008 2006-2008
(Related To)
Path:
\Council Records\Communications\2006-2008
REP PC 030 05/15/2007 2006-2008
(Related)
Path:
\Council Records\Reports\2006-2008\Planning Committee (PC)
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<br /> Pete Hoffinann, Chairman <br /> and Members of the County Council <br /> Page 4 <br /> The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to <br /> Coastal Zone Management. The property is not located in the Special Management Area. <br /> The project site is not proximate to the shoreline and therefore will not be impacted by <br /> coastal hazard and beach erosion. There is no record of a designated public access that <br /> traverses the property. No valued cultural, historical or natural resources exist on the <br /> property and there is no evidence of any traditional and customary Native Hawaiian rights <br /> being practiced on the site. Thus, it is not anticipated that the proposed request will have <br /> any adverse impact on cultural or historical resources in the area. <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: An archaeological assessment of the property <br /> was conducted by PHRI in July of 2006. The assessment concluded that no <br /> azchaeological resources were identified during the pedestrian survey, as the entire project <br /> area is currently a gravel pazking lot. By letter dated February 20, 2007, the State <br /> Deparhnent of Land and Natural Resources-State Historic Preservation Division issued a <br /> letter stating that DLNR-SHPD finds that the report is acceptable and that no historic <br /> properties will be affected by the proposed development. <br /> No professional floral or faunal survey was submitted with the application, as the <br /> property was previously graded and there is no vegetation on the property. According to <br /> the applicant, the property has historically been used for sugar cane. <br /> The valued cultural, historical, and natural resources found in the rezoning area: <br /> As the property has been previously grubbed and graded, there are no valued cultural, <br /> historical and natural resources found in the rezoning azea. Additionally, the presence of <br /> any known raze, threatened, or endangered species or endangered floral and fauna species <br /> is remote. <br /> Possible adverse effect or impairment of valued resources: As the property has <br /> been graded, there are no valued cultural, historical or natural resources located in project <br /> site. <br /> Feasible actions to protect native Hawaiian ri¢hts: According to the applicant, no <br /> burials, ceremonial features, gathering resources or trails appear to be located on the <br /> property. Thus, to the extent to which traditional and customary native Hawaiian rights <br /> <br />
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