COM 0066.000 2012-2012 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 11 In view of the Hawai`i 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. These 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 archaeological assessment report has been accepted by the DLNR; no historic properties will be affected by this project. The valuable cultural, historical, and natural resources found in the area: The archaeological assessment conducted on the project site revealed no endangered species. A standard condition will be included to require the applicant to cease work and notify the DLNR -HPD should any remains be discovered on the site, until given clearance to proceed by the DLNR -HPD. Possible adverse effects or impairment of valued resources: Native vegetation may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. The applicant believes that there are no endangered or threatened species on the site. Feasible actions to protect native Hawaiian rights: The applicant has stated that there is no evidence of any traditional or customary Native Hawaiian rights being practiced on the project site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources in the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -5a) to a Village Commercial (CV -20) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25 -8 -7 (South Kohala Zone Map) of Chapter 25, Zoning Code, of the Hawai`i County Code, is provided for your favorable consideration.