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*PD RECOMMENDATION REPORT (PL-SPP-2022-016)
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2023-01-06 Windward
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Item #1 Robert J. Silber (PL-SPP-2022-000016)
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*PD RECOMMENDATION REPORT (PL-SPP-2022-016)
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10/28/2022 3:13:12 PM
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12/14/2022 9:26:25 AM
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■ Possible adverse effect or impairment of valued resources: Given the lack of <br />valued resources identified on the property, it is unlikely that such resources will <br />be impaired. <br />■ Feasible actions to protect native Hawaiian rights: To the extent to which <br />traditional and customary native Hawaiian rights are exercised, the proposed <br />action will not affect traditional Hawaiian rights; therefore, no action is necessary <br />to protect these rights. A condition of the permit will require the applicant to stop <br />work and notify the DLNR-SHPD should any unidentified sites or remains be <br />encountered and proceed only upon receiving an archaeological clearance from <br />the DLNR-SHPD. <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. Additional governmental requirements may include <br />the issuance of building permits, compliance with the Fire Code, installation of <br />improvements required by the American with Disabilities Act (ADA), among others. <br />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 above considerations, the proposed holistic education center and <br />related improvements is an unusual and reasonable use of land in the Agricultural district <br />and would promote the effectiveness and objectives of Chapter 205, Hawaii Revised <br />Statutes. Approval of this request is subject to the following conditions: <br />1. The applicant, their successor(s) or assign(s) ("Applicant") shall be responsible <br />for complying with all stated conditions of approval. <br />2. The operation of the holistic education center and related improvements shall be <br />conducted in a manner that is substantially representative of plans and details <br />contained within the Special Permit Application and Supplemental Information <br />received by the Planning Department on July 25, 2022, and August 24, 2022, <br />respectively, and any representations made to the Windward Planning <br />-12- <br />
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