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Maile David, Council Chair and Members of the County Council County of Hawaii May 6, 2022 Page 6 Possible adverse effect or impairment of valued resources: Some native plants may be destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: According to the applicant, 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 traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Since no archaeological study of the property was conducted by the previous landowner and current landowner and since the area is part of the Kona Field System, the Planning Director recommends a condition requiring an Archaeological Field Inspection for the property to identify resources and to implement mitigation if resources are found to be present on the property. Lastly,this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. The accompanying draft bill to amend Ordinance No. 06 82 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. We are enclosing copies of the Planning Department's Background and Recommendation reports and PowerPoint presentation. A draft transcript of the hearing will be provided under separate cover. Sincerely, &2had VILm 0 Nl9 .11ael Vitousek !Nlaa,,6,202220:50 NST; Michael Vitousek, Chairman Leeward Planning Commission \\COH01\planning\public\wp60\PC\PCC2022-2\LHincheliftPL-REZ2021-0000151pe 1