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Maile David, Council Chair <br /> and Members of the County Council <br /> County of Hawaii <br /> July 25, 2022 <br /> Page 8 <br /> Feasible actions to protect native Hawaiian rights: No known gathering is taking <br /> place on the site. Thus, to the extent to which traditional and customary native Hawaiian <br /> rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, <br /> no action is necessary to protect these rights. <br /> Lastly, this approval is made with the understanding that the applicant remains <br /> responsible for complying with all other applicable governmental 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 the Fire <br /> Code, installation of improvements required by the American with Disabilities Act (ADA), <br /> compliance with DLNR-SHPD requirements, among many others. Compliance with all <br /> applicable governmental requirements is a condition of this approval; failure to comply with <br /> such requirements will be considered a violation that may result in enforcement action by the <br /> Planning Department and/or the affected agencies. <br /> Based on the preceding, it is believed that the project would have no adverse impact <br /> relative to the archaeological, cultural, or historical resources of the area. To the extent to <br /> which traditional and customary Native Hawaiian rights are exercised, the proposed action <br /> will not affect traditional Hawaiian rights and no action is necessary to protect these rights. <br /> Based on the above findings, approval of this change of zone request from Agricultural <br /> 3-acre (A-3a) to Single-Family Residential-15,000 square feet (RS-15) would result in an <br /> appropriate land use pattern that will further benefit the general public. The accompanying draft bill <br /> to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii <br /> County Code, is provided for your favorable consideration. Please note the proposed conditions of <br /> approval attached to the draft bill. <br /> We are enclosing copies of the Planning Director's Background and Recommendation, Power Point <br /> presentation, and the draft transcript of the Commission hearing. <br /> Sincerely, <br /> Dennis Lin, Chairman <br /> Windward Planning Commission <br /> P\wp60\PC\PCC2022-3\,LRJLPL-REZ-2022-020wpc 1 <br />