ESTABLISHING A COMPREHENSIVE HISTORIC PRESERVATION REVIEW POLICY TO HELP PRESERVE THE CITY'S HISTORIC AND ARCHAEOLOGICAL PROPERTIES.

    WHEREAS, Article IX, Section 7 of the Constitution of the State of Hawaii recognizes the value of conserving and developing our historic and cultural sites for the public good; and

    WHEREAS, the State Legislature has declared that the historic and cultural heritage of the State is an important asset which is threatened by the rapid development of our contemporary society; and

    WHEREAS, the Legislature has determined it to be in the public interest to establish a comprehensive historic preservation program at all levels of government to promote the use and conservation of our historic properties for the education, inspiration, pleasure and enrichment of its citizen; and

    WHEREAS, the Legislature has further declared that it shall be the public policy of this State to provide leadership in preserving, restoring and maintaining historic properties which include historic buildings, archaelogical sites and culturally significant places and to conduct activities plans and programs in a manner consistent with the preservation and enhancement of historic properties; and

    WHEREAS, the Legislature has also adopted the Hawaii State Plan and the State Historic Preservation Functional Plan which set forth the State objectives, policies and implementing actions to promote the preservation and restoration of Hawaii's significant historic properties; and

    WHEREAS, the State Department of Land and Natural Resources ("DLNR") through its Historic Sites Section is currently promulgating administrative rules to help implement the State policies set forth above, however, the adoption of the final administrative rules will take some additional period of time; and

    WHEREAS, the City has adopted in its General Plan, policies to:

    1.    Encourage the restoration and preservation of early Hawaiian structures, artifacts, and landmarks;

    2.    Identify, and to the extent possible, preserve and restore buildings, sites, and areas of cultural, historic, and archaeological significance; and

    3.    Cooperate with State and Federal governments in developing and implementing a comprehensive preservation program; and

    WHEREAS, there are important steps that the City and County of Honolulu can undertake to accomplish these policies, in anticipation of the promulgation of the final DLNR administrative rules, which will help insure that City departments respond in an appropriate manner when historic and archaeological properties are discovered or are anticipated to be discovered in the vicinity of development projects; and

    WHEREAS, the establishment of a comprehensive historic preservation review policy is consistent with and will further existing City and State policies and thus will serve a valid public purpose; now, therefore,

    BE IT RESOLVED that it is the policy of the City to establish, in conjunction with the Historic Sites Section of the Department of Land and Natural Resources, a comprehensive historic preservation review for any development project which alters the land or any historic property and which is undertaken by the City, supported in whole or in part by the City, or involves any approval, permit, lease, certificate, license, land use change or other entitlement for use from the City; and

    BE IT FURTHER RESOLVED, that such a comprehensive historic preservation review, to be implemented by the City department having primary responsibility over the development project, shall entail the following principal elements:

    (a)    Identify any historic and archaeological properties likely to be affected by a development project,

    (b)    Evaluate the significance of the historic and archaeological properties involved,

    (c)    Assess the impact of the development project on significant historic and archaeological properties,

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    (d)    Submit the assessment to the Historic Sites Section for review and concurrence, and that Section is to consult with the Office of Hawaiian Affairs when Native Hawaiian properties are involved,

    (e)    Prepare a plan, in consultation with Historic Sites Section, and that Section is to consult with the Office of Hawaiian Affairs when Native Hawaiian properties are involved, to mitigate the impact of the development project on any significant historic and archaeological properties, and

    (f)    Implement the mitigation plan; and

    BE IT FURTHER RESOLVED that such a comprehensive historic preservation review shall include the following procedures for the discovery of historic and archaeological properties during the course of work on a project:

    (a)    Halt construction in the immediate vicinity of the discovery and avoid disturbing the immediate site further,

    (b)    Notify the Historic Sites Section of the State Department of Land and Natural Resources and the city department official, assigned to monitor the preservation of historic and archaeological properties, of the discovery,

    (c)    Comply with the requirements identified in subparagraphs (a) through (f) in the resolve clause immediately preceeding, and

    (d)    Document and preserve any recovered historic and archaeological properties; and

    BE IT FURTHER RESOLVED that the Director of Finance is hereby requested to insert appropriate provisions, including the discovery provisions from the resolve clause above and any stipulations resulting from the review process, into all applicable City Capital Improvements Program contracts to help implement this Resolution; and

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    BE IT FURTHER RESOLVED that the Mayor is hereby requested to appoint an official and an alternate from each City department which is involved with City development projects, or projects involving any approval, permit, lease, certificate, license, land use change or other entitlement for use from the City; who shall be responsible to monitor the preservation of historic and archaeological properties under that department's jurisdiction and who shall coordinate the historic preservation review process for that department with the Historic Sites Section; and

    BE IT FINALLY RESOLVED that the City Clerk be and hereby is directed to transmit copies of this Resolution to the Mayor, the Managing Director, the Building Superintendent, the Chief Engineer, the Chief Planning Officer, the Director of Finance, the Director of Housing and Community Development, the Director of Land Utilization, the Director of Parks and Recreation, the

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Director of Transportation Services, the Manager and Chief Engineer of the Board of Water Supply, the Director of the State Historic Sites Section, the State Historic Preservation Officer and the Administrator of the Office of Hawaiian Affairs.

                            INTRODUCED BY:

                            Leigh-Wai Doo

                            Neil Abercrombie

                            Gary Gill

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                                Councilmembers

DATE OF INTRODUCTION:

October 11, 1989
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Honolulu, Hawaii

ADOPTED this 22 day of November , 1989.

(OCS/112189/va)

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Policy Resolutions