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Maile David, Council Chair <br /> and Members of the County Council <br /> County of Hawai <br /> Pare 7 <br /> Jan 17,2022 <br /> The request is not contrary to Chapter 205A, Hawai`i Revised Statutes, <br /> relating to Coastal Zone Management. The project site is located more than six (6) <br /> miles from the nearest shoreline and thus is situated outside of the Special Management <br /> Area and will not be impacted by coastal hazard and beach erosion. There is no record of <br /> a designated public access to the shoreline or mountain areas that traverses the properties. <br /> Through the previous Use Permit process for a medical clinic on the property, the <br /> Department of Land and Natural Resources-State Historic Preservation Division issued a <br /> "no-=effect" determination by letter dated September 9, 2013, due to previous <br /> grubbing/grading of the property. The standard inadvertent archaeological find condition <br /> will be added to this approval recommendation. <br /> As the property has been extensively grubbed and graded, no floral or faunal <br /> surveys have been prepared for this application. According to the applicant, vegetation, <br /> birds, and animals are introduced and common to urban areas of the island, thus none of <br /> the present plant or animal species are considered endangered. <br /> Lastly, this recommendation is made with the understanding that the applicant <br /> remains responsible for complying with all other applicable governmental requirements <br /> in connection with the proposed use, prior to its commencement or establishment upon <br /> the subject properties. Additional governmental requirements may include the issuance of <br /> building permit, compliance with the Fire Code, installation of improvements required by <br /> the American with Disabilities Act (ADA), among many others. Compliance with all <br /> applicable governmental requirements is a condition of this approval recommendaiton; <br /> failure to comply with such requirements will be considered a violation that may result in <br /> enforcement action by the Planning Department and/or the affected agencies. <br /> Based on the preceding findings, the request to rezone the property from a Single- <br /> Family Residential (RS-10)zoning district to a Village Commercial-20,000 square feet (CV- <br /> 20) zoning district for would result in an appropriate land use pattern that would further <br /> benefit the general public. <br /> The accompanying draft bill to amend Section 25=8-26 (Pahoa Zone Map), Article 8, <br /> Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 Edition, As Amended), is <br /> provided for your favorable consideration. Please note the proposed conditions of approval <br /> attached to the draft bill. <br />