COM 0770.005 2002-2004 - Laserfiche WebLink

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Mr. Sidney Fuke Page 6 historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to 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. Based on the above findings, it is determined that the proposed development and related improvements will not have any substantial adverse impacts on the surrounding area, nor will its approval be contrary to the objectives and policies of Chapter 205A, HRS, relating to Coastal Zone Management and Rule No. 9 of the Planning Commission relating to the Special Management Area. Approval of this request is subject to the following conditions. Should any of the foregoing conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate procedures to revoke the permit. 1. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. 2. This Special Management Area Use Permit shall not be effective until the amendment to the accompanying Change of Zone Ordinance No. 91 71 is approved. 3. The applicant shall comply with all applicable conditions of Change of Zone Ordinance No. 91 71 and subsequent amendments thereof. 4. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this permit. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Chapter 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, fire protection measures, paved driveway access and parking stalls, and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements). 5. As agreed to by the applicant, curbs, gutters and sidewalks along the property's frontages on Alii Drive and Kuakini Highway shall be constructed, prior to receipt of a Certificate of Occupancy.