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Heather Kimball, Council Chair and Members of the County Council County of Hawaii September 09, 2024 Page 7 No professional surveys were conducted of the flora/fauna resources on the property. No comments were received by the State Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW), however staff notes that the subject property borders the Makaula O'oma Tract which is located within the Honua'ula Forest Reserve. The Makaula O'oma Tract is an 6hi'a and hapu'u fern dominated forest located to the east of the subject property. Given the rezone area's previous ground disturbance and historical agricultural uses, it is unlikely that there are any threatened or endangered plant or animal species located thereon. It is possible that threatened or endangered species (e.g., Hawaiian Hoary bat, Hawaiian Hawk, Hawaiian Short -eared Owl, and migratory seabirds could traverse or be found within the rezone area. Based on the preceding, a condition of approval will require the applicant to implement mitigation measures recommended by DOFAW should any threatened or endangered species be encountered. Possible adverse effect or impairment of valued resources: There is no evidence of any possibly adverse effects or impairment will occur to any valued resources. Feasible actions to protect native Hawaiian rights: While there is no evidence of any traditional or customary Native Hawaiian rights being practices on the property, a condition of approval will require that construction ceases until SHPD provides approval to continue work, if any historic or cultural resources are inadvertently discovered during ground alteration and construction. This favorable recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Agricultural zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, 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 favorable recommendation; 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 above findings, approval of the Change of Zone request from Agricultural (A-20a) to the Family -Agricultural (FA -la) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare.