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Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 15, 2024 Page 10 as a threatened or endangered species. The CIA determined that the Kona Commons project (of which the rezone area is a part) would have limited impact on Hawaiian cultural resources, beliefs, and practices. Care should be taken to preserve the habitat of endemic plants such as pilo and to assure access for gathering activities. It should be noted that the flora study included in the EA did not identify pilo within the subject property. • The biological surveys found that there are no designated or proposed critical habitats for endangered plant or animal species located within the project area. The study also concluded that no federally listed threatened or endangered plant or animal species appear to be present on the property, nor are there any rare animal species or uniquely valuable vegetation types. Possible adverse effect or impairment of valued resources and feasible actions to protect native Hawaiian rights: Inasmuch as the previously mentioned studies did not identify any valued resources or practice of native Hawaiian rights on the subject parcel, it is unlikely that its development will generate an adverse effect or impairment of the same. However, conditions of approval will require the applicant to implement the archaeological monitoring plan and to follow necessary mitigation procedures in the event of an inadvertent find of archaeological remains while developing the property. With implementation of the mentioned conditions of approval the proposed action will not affect traditional Hawaiian rights. Deletion of Timed Performance Conditions Vs. Further Time Extensions Historically, performance conditions have been added to rezone ordinances to ensure compliance with conditions of approval in a timely fashion, provide a reasonable timeframe for required infrastructure improvements, allow for periodic checks to ensure that the zoning is still appropriate for the area based on the general plan and community development plans, and to curb speculation and resale of undeveloped properties. In this case, the Director is recommending deletion of the remaining timed performance conditions (Condition B and C) rather than granting another time extension for the following reasons: 1. The subject property, like the other lands in the Keahuolu ahupua'a are owned by the applicant and like the surrounding properties, will be developed under leasehold and not sold, thus mitigating the concern over land speculation and resale.