PD RECOMMENDATION REPORT (PL-REZ-2022-014_Amend REZ-07-075)

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Possible adverse effects or impairment of valued resources: Native vegetation may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. According to the botanical and archaeological studies submitted by the applicant, the project will not adversely impact resources in the area with appropriate mitigation. Feasible actions to protect native Hawaiian rights: The applicant has stated that there is no evidence of any traditional or customary Native Hawaiian rights being practiced on the project site. There is no record of public access to the mountains or the ocean, and as the subject property is located approximately 800 feet mauka of the nearest shoreline, there should not be any impact on fishing or shoreline public access. An Archaeological Data Recovery Plan and Burial Treatment Plan were developed and accepted by SHPD in 2010 and 2017 respectively and conditions of approval of this permit and the associated change of zone ordinance have been modified to ensure that the requirements of each of these respective plans(including short and long-term conservation measures for the sites to be preserved and archeological monitoring during land alteration activities)are followed throughout the development of the project to ensure protection of these preserved archaeological resources. Thus, it is believed that the project would have no adverse impact relative to the cultural and 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. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use,prior to and during its commencement or establishment upon the subject properties. Compliance with all applicable governmental requirements is a condition of this approval, and 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, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 09 8. Please note, in addition to the applicant's proposed amendment, the Planning Director is -9-