PD Recommendation Report (PL-SMA-2021-000007)

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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 above findings,the proposed development will not have substantial adverse impacts on the environment, 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: I. The applicant(s), its successor(s), or assign(s) (Applicant) shall be responsible for complying with all stated conditions of approval. 2. The Applicant shall secure all necessary approvals and permits from other affected Federal, State, and County agencies as necessary to comply with all applicable laws and regulation, including but not limited to the State Department of Health and the DLNR — Office of Conservation and Coastal Lands. 3. Construction of the single-family residence and related improvements shall be conducted in a manner that is substantially representative of plans and details as contained within the SMA Permit application dated October 29, 2020, Final Environmental Assessment(FEA) dated November 2021 and representations made to the Windward Planning Commission, including but not limited to the structure height and distance the structures are setback from the top of the pali. 4. Construction of the proposed development shall be completed within five (5) years from the effective day of this permit. 5. The Applicant is encouraged to allow access through the subject property to the Ladders fishing spot to all fishermen,which may include but not be limited to the creation of private agreements with fishing associations, or a licensing program for fishing access. 6. A National Pollutant Discharge Elimination System (NPDES)permit and an Underground Injection Control (UIC)permit, if required, shall be secured from the State Department of Health prior to the commencement of construction activities. 7. Artificial light from exterior lighting fixtures, including, but not necessarily limited to -12-