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Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 6 Possible adverse effect or impairment of valued resources: There may be a possibility that native plants could be destroyed by construction and ground alteration,but the site has been cleared and is overgrown with non-native plants and other invasive species. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: A conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD) should any unidentified sites or remains be encountered and proceed only upon an archaeological clearance from the DLNR-SHPD. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, 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), compliance with DLNR-SHPD requirements, 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, it is believed that the project would have no adverse impact relative to the archaeological, cultural or historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Agricultural 3-acre (A-3a) to Single-Family Residential 15,000 square feet (RS-15) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill.