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■ Possible adverse effect or impairment of valued resources: Native plants and/or <br /> endangered species are unlikely to be impacted by the proposed development due <br /> to the already impacted special permit area mentioned above. <br /> ■ Feasible actions to protect native Hawaiian rights: No known gathering is taking <br /> place on the site. Thus, to the extent to which traditional and customary native <br /> Hawaiian rights are exercised, the proposed action will not affect traditional <br /> Hawaiian rights; therefore, no action is necessary to protect these rights. <br /> Lastly, this recommendation is made with the understanding that the applicants <br /> remain responsible for complying with all other applicable governmental requirements in <br /> connection with the proposed use,prior to its commencement or establishment upon the <br /> subject property. Additional governmental requirements may include the issuance of <br /> building permits, compliance with the Fire Code, installation of improvements required <br /> by the American with Disabilities Act(ADA), among others. Compliance with all <br /> applicable governmental requirements is a condition of this approval; failure to comply <br /> with such requirements will be considered a violation that may result in enforcement <br /> action by the Planning Department and/or the affected agencies. <br /> Based on the above considerations,the proposed massage therapy establishment <br /> and related improvements is an unusual and reasonable use of land which would not be <br /> contrary to the objectives sought to be accomplished by the Land Use Law and <br /> Regulations. Approval of this request is subject to the following conditions: <br /> 1. The applicants, their successor(s) or assign(s) ("Applicant") shall be responsible <br /> for complying with all stated conditions of approval. <br /> 2. Commencement of the proposed home occupation shall begin within five (5) <br /> years from the effective date of this permit. Prior to commencement of the <br /> proposed use, the Applicant shall secure and finalize all required building permits <br /> from the Department of Public Works Building Division (DPW), including the <br /> building permit for the existing dwelling and any additional building permits <br /> required by DPW to convert one bedroom of the existing dwelling into the <br /> proposed massage therapy establishment. <br /> -8- <br />