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extent to which traditional and customary Native Hawaiian rights are exercised, the <br /> proposed action will not affect traditional Hawaiian rights and no action is necessary to <br /> protect these rights. <br /> Lastly,this approval is made with the understanding that the applicant remains <br /> responsible for complying with all other applicable governmental requirements in <br /> connection with the approved use,prior to its commencement or establishment upon the <br /> subject property. Additional governmental requirements may include the issuance of <br /> building permits, the installation of approved wastewater disposal systems, compliance <br /> with the Fire Code, installation of improvements required by the American with <br /> Disabilities Act(ADA), compliance with DLNR-SHPD requirements, among many <br /> others. Compliance with all applicable governmental requirements is a condition of this <br /> approval; failure to comply with such requirements will be considered a violation that <br /> may result in enforcement action by the Planning Department and/or the affected <br /> agencies. <br /> Based on the preceding considerations, it is recommended that the request for a PUD <br /> permit(including all of the requested exceptions to the Zoning and Subdivision Codes)be <br /> approved by the Planning Commission. Approval of this request is subject to the following <br /> conditions: <br /> 1. The applicant(s), its successor(s), or assign(s) ("Applicant") shall be responsible <br /> for complying with all of the stated conditions of approval. <br /> 2. The effective date of this Planned Unit Development(PUD) permit shall be the <br /> effective date of the approved ordinance generated by the concurrent change of <br /> zone request(PL-REZ-2022-000028). <br /> 3. The Applicant shall comply with all conditions of the approved ordinance <br /> generated by the concurrent change of zone request(PL-REZ-2022-000028). <br /> 4. The proposed PUD shall be developed in a manner that is substantially <br /> representative of the plans and details contained within the PUD application dated <br /> April 8, 2022, any supplemental material, and representations made before the <br /> Windward Planning Commission. <br /> -12- <br />