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Maile David, Council Chair and Members of the County Council County of Hawai`i July 25, 2022 Page 5 Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the developed and urban nature of the area surrounding the subject property. Feasible actions to protect native Hawaiian rights: No known 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. 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. Based on the preceding findings, the Planning Director recommends a favorable recommendation for the applicant's proposed amendment to Condition C be forwarded to the County Council. The accompanying draft bill to amend Ordinance No. 17 24 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 Director's Background and Recommendation, and the PowerPoint presentation. A draft transcript of the hearing will be provided under separate cover. Sincerely, Dennis Lin, Chairman Windward Planning Commission P\wp60\PC\PCC2022-3\LRJLPL-REZ-2022-020wpc1 Enclosures: Planning Department Background Report Planning Department Recommendation PowerPoint Presentation