COM 1148.000 2022-2024 - Laserfiche WebLink

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Heather Kimball, Council Chair and Members of the County Council County of Hawai i October 22, 2024 Page 5 There are no known features of cultural importance, there is no known history of traditional practices associated with the property, nor is there any record of a designated public access to the shoreline or mountain areas that traverses the property. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Feasible actions to protect native Hawaiian rights: There is no evidence of any valued cultural, historical, and/or natural resources found on the site, thus to the extent 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. A condition of approval has been updated to address requirements for inadvertent historic site finds during the development process. 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 a 10-year time extension to Condition C (establishment of a commercial use) and an amendment to condition H (road improvements) be forwarded to the County Council. The accompanying draft bill to amend Ordinance No. 14 54 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill, including updates to conditions to reflect current standard condition language. Material to be deleted is bracketed and struck through; new material is underscored. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. The Planning Department's background report, recommendation report, and PowerPoint presentation, are available for review at the following Laserfrche WebLink address: https://records.hawaiicounty.gov/webIink/Browse.aspx?dbid=l&startid=138632