PD RECOMMENDATION REPORT (PL-REZ-2022-032)

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rights being practiced on the property. Possible adverse effect or impairment of valued resources: Some native plants may be destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights- According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), 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 findings, the Planning Director recommends a favorable recommendation be forwarded to the County Council for the applicant's proposed amendments to Condition D (Final Subdivision Approval), Condition E (Restrictive Covenants), Condition F (Restrictive Covenants), deletion of Condition G (Conservation Plan with the Soil and Water Conservation District), amendment to Condition I (Drainage Study), addition of a condition requiring compliance with Chapter 10, and deletion of Condition J (Archaeological Survey). The Planning Director also recommends an amendment to Condition M(Fair Share) to address the applicant's request and to bring it current with standard language for rezones in the area. Finally, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 98 91 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. -7-