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The Honorable Dr. Holeka Goro Inaba <br />and Members of the County Council <br />County of Hawai'i <br />December 29, 2025 <br />Page 7 <br />Possible adverse effect or impairment of valued resources: There is no <br />evidence that any possible adverse effects or impairments will occur to any valued <br />resources. <br />Feasible actions to protect native Hawaiian rights: To the extent to which <br />traditional and customary native Hawaiian rights are exercised, the proposed <br />action will not affect traditional Hawaiian rights; therefore, no action is necessary <br />to protect these rights. <br />Lastly, this recommendation is made with the understanding that the <br />applicant remains responsible for complying with all other applicable governmental <br />requirements in connection with the proposed use, prior to its commencement or <br />establishment upon the subject properties. Additional governmental requirements <br />may include the issuance of building permits, compliance with the Fire Code, <br />installation of improvements required by the American with Disabilities Act (ADA), <br />among many others. Compliance with all applicable governmental requirements is <br />a condition of this approval; failure to comply with such requirements will be <br />considered a violation that may result in enforcement action by the Planning <br />Department and/or the affected agencies. <br />Based on the preceding findings, the Planning Director recommends a <br />favorable recommendation to amend Condition C, amend Condition D and to delete <br />Condition E of Change of Zone Ordinance No. 09-14 be forwarded to the County <br />Council. The accompanying draft bill to amend Ordinance No. 09-44 is provided for your <br />consideration. Please note the proposed conditions of approval attached to the draft bill, <br />including updates to conditions to reflect current standard condition language. Material to <br />be deleted is bracketed and struck through; new material is underscored. <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 <br />requirements of the affected agencies. <br />The Planning Department's background report, recommendation report, and PowerPoint <br />presentation are available for review at the following Laserfiche Weblink address: <br />hftps://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=l &startid=l 52081 <br />The Commission hearing minutes of December 4, 2025, meeting can be found at the <br />following link once it is available: <br />https:Hrecords.hawaiicountV.gov/weblink/Browse.aspx?dbid=1 &startid=151749 <br />