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Aaron S.Y. Chung, Council Chair <br /> and Members of the County Council <br /> Page 6 <br /> and there is no evidence of any traditional and customary Native Hawaiian rights being <br /> practiced on the site.Thus,it is not anticipated that the proposed request will have any adverse <br /> impact on cultural or historical resources in the area. <br /> In view of the Hawai`i State Supreme Court's"PASH"and"Ka Pa`akai OKa'Aina" <br /> decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed <br /> in terms of the cultural, historical, and natural resources and the associated traditional and <br /> customary practices of the site: <br /> • Investigation of valued resources: No formal professional archaeological and <br /> cultural study was conducted of the property because it had been developed <br /> between the 1930's and 2014 with a residence. <br /> • The valued cultural, historical, and natural resources found in the rezoning <br /> area: There are no known historic sites on the property as listed on the State or <br /> National Register of Historic Places. Given the historical residential use of the <br /> site, the prospect of finding any archaeological/cultural resources is reduced. <br /> By letter dated March 27, 2020, the State Historic Preservation Division <br /> (SHPD) stated that due to the previous residential development on the <br /> property, they had no objection to the proposed change of zone. <br /> • Possible adverse effect or impairment of valued resources: There is no <br /> evidence that the flora in the area are particularly desired or used for cultural <br /> practices, thus adverse impacts are unlikely. <br /> • Feasible actions to protect native Hawaiian rights: No gathering is taking place <br /> on the site. Thus, to the extent to which traditional and customary native <br /> Hawaiian rights are exercised, the proposed action will not affect traditional <br /> Hawaiian rights; therefore, no action is necessary to protect these rights. <br /> Lastly, this recommendation is made with the understanding that the applicant <br /> remains responsible for complying with all other applicable governmental requirements in <br /> connection with the proposed use, prior to its commencement or establishment upon the <br /> subject properties. Additional governmental requirements may include the issuance of <br /> building permits, compliance with the Fire Code, installation of improvements required by <br />