COM 0990.000 2018-2020 - Laserfiche WebLink

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The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject parcel is not located within in the SMA. It is located over 1,600 feet from the nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. No valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. 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 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 professional archaeological and cultural study was conducted of the property because it had been developed between the 1930's and 2014 with a residence. • The valued cultural, historical, and natural resources found in the rezoning area: There are no known historic sites on the property as listed on the State or National Register of Historic Places. Given the historical residential use of the site, the prospect of finding any archaeological/cultural resources is reduced. By letter dated March 27, 2020, the State Historic Preservation Division (SHPD) stated that due to the previous residential development on the property, they had no objection to the proposed change of zone. • 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, thus adverse impacts are unlikely. • Feasible actions to protect native Hawaiian rights: No gathering 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 -6-