COM 0689.000 2008-2010 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 shoreline, historic resources, marine resources, beach protection, coastal ecosystems and coastal hazards. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina' decisions, the issue of 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 kama'aina 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: The property was previously cleared and used for cattle grazing. The property has been altered and is used for agricultural and residential uses. There are no existing archaeological, cultural or historic sites on the property per the National Historic Register and /or the Hawaii Register. As such, it is anticipated that no cultural, historic or natural resources will be affected. The Department of Land Natural Resources- Historic Preservation Division issued a "no- effect' letter dated April 15, 2008 stating that no historic properties will be affected by the change in zoning. • Possible adverse effect or impairment of valued resources: 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: 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. A condition of the change of zone will require that thc applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. Based on the foregoing, the approval of the Change of Zone request from an Agricultural 5-acre (A -5a) to Family Agricultural 2 -acre (FA -2a) 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 -3 (North Kona Zone Map), of thc County Zoning Code is transmitted.