COM 0859.000 2008-2010 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 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 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 has been bulldozed in the past and is currently used for residential purposes. As such, it is anticipated that no historic properties will be affected. In a letter dated April 19, 2010, the State Department of Land and Natural Resources Historic Preservation Division (SHPD) stated that no historic properties will be affected by this undertaking because grubbing /grading has altered the land. A condition of approval will require that the applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. Possible adverse effect or impairment of valued resources: There is no evidence that the flora or fauna in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: As stated by the applicants, no gathering for cultural purposes 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, the approval of the Change of Zone request from an Agricultural (A -5a) to a Family Agricultural (FA -2a) zoned district would result in an appropriate land use pattern and further the public convenience, necessity and general welfare. For your favorable consideration, an amendment to Section 25 -8 -3 (North Kona Zone Map), of the County Zoning Code is transmitted.