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Heather Kimball, Council Chair <br /> and Members of the County Council <br /> County of Hawai`i <br /> March 15, 2024 <br /> Page 8 <br /> ■ Feasible actions to protect native Hawaiian rights: As mentioned previously, the <br /> Assessment concluded that no valued, historical, or natural resources, including <br /> traditional and customary native Hawaiian rights, will be affected or impaired by <br /> the proposed rezone. Thus, to the extent to which traditional and customary native <br /> Hawaiian rights are exercised, the proposed action will not affect traditional <br /> Hawaiian rights; therefore, no action is necessary to protect these rights. <br /> However, a condition of approval will be added for the protection of inadvertent <br /> finds should any remains of historic sites, such as rock walls, terraces, platforms, <br /> marine shell concentrations or human burials be encountered. <br /> Lastly, this recommendation is made with the understanding that the applicants <br /> remain responsible for complying with all other applicable governmental requirements in <br /> connection with the proposed use, prior to its commencement or establishment upon the <br /> subject property. Additional governmental requirements may include the issuance of <br /> building permits, compliance with the Fire Code, installation of improvements required <br /> by the American with Disabilities Act (ADA), among many others. Compliance with all <br /> applicable governmental requirements is a condition of this approval; failure to comply <br /> with such requirements will be considered a violation that may result in enforcement <br /> action by the Planning Department and/or the affected agencies. <br /> Based on the preceding findings, the request to rezone the property from an Open <br /> (0) zoning district to an Industrial-Commercial Mixed-20,000 square feet (MCX-20) <br /> zoning district would result in an appropriate land use pattern that would further benefit <br /> the general public. <br /> The accompanying draft bill to amend Section 6-8-03 (Waikoloa Village Zone Map), <br /> Article 8, Chapter 25 (Zoning) of the Hawai`i County Code, is provided for your favorable <br /> consideration. Please note the proposed conditions of approval attached to the draft bill. <br /> This recommendation does not, however, sanction the specific plans submitted with the <br /> application as they may be subject to change given specific code and regulatory requirements of <br /> the affected agencies. <br /> The Planning Department's background report, recommendation report, PowerPoint <br /> presentation, and public testimony are available for review at the following Laserfiche WebLink <br /> address: https://records.hawaiicounty.gov/WebLink/1/fo1/128334/Row1.aspx <br />