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upgrade any necessary water and sewer lines to connect to the County's main water and <br /> sewer lines located on the parcel. <br /> The development will to the extent feasible, reasonably protect native <br /> Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme Court's <br /> "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian <br /> rights, such as gathering and fishing rights, must be addressed in terms of the cultural, <br /> historical, and natural resources and the associated traditional and customary practices of <br /> the site. <br /> Investigation of valued resources: Previous approvals for land development on this <br /> parcel have not revealed any historic resources on the subject parcel. Staff notes that this <br /> property has undergone extensive ground disturbance and grading of the parcel during the <br /> development of the existing commercial building and parking area. The County has <br /> determined that based on the location of the parcel being within a heavily used <br /> commercial/industrial area that no historic properties would be affected by the proposed <br /> proj ect. <br /> The valuable cultural, historical, and natural resources found in the area: <br /> The only valuable resource in the immediate area is Reeds Bay Ice Ponds which is <br /> located across the three (3) lane Kalaniana`ole Street which was recently improved along <br /> its entire length in this area. The proposed project will not impact or affect the use of Reeds <br /> Bay Ice Ponds and the nearby Banyan Drive area. <br /> Possible adverse effects or impairment of valued resources: There is no evidence <br /> that the flora in the area is particularly desired or used for cultural practices as the site has <br /> a long history of ground disturbance and development that has completely removed most <br /> of the vegetation on the site. There are no tall trees, and landscaping will be used to screen <br /> the property from the surrounding area and provide some beautification to the area which <br /> is primarily heavy development and industrial uses. <br /> Feasible actions to protect native Hawaiian rights: The proposed development will <br /> not restrict access to, and the use of natural resources at the Reeds Bay Ice Ponds as the <br /> subject property is located across the street. A condition of approval has also been added <br /> to protect any unidentified cultural, historical, and natural resources in the event any are <br /> encountered during construction. To the extent that traditional and customary native <br /> Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian <br /> rights. <br /> Lastly, this approval is made with the understanding that the Applicant remains <br /> responsible for complying with all other applicable government requirements in connection <br /> with the approved use, prior to its commencement or establishment upon the subject <br /> property. Additional governmental requirements may include the issuance of building <br /> permits, the installation of approved wastewater disposal systems, compliance with Fire <br /> Code,installation of improvements required by the American with Disabilities Act(ADA), <br /> among many others. Compliance with all applicable governmental requirements is a <br /> condition of this approval; failure to comply with such requirements will be considered a <br /> violation that may result in enforcement action by the Planning Department and/or the <br /> affected agencies. <br /> -4- <br />