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The subject property has been cleared for construction of a dwelling, pool, <br /> driveway, and related accessory structures. The remainder of the property is being used to <br /> grow ornamental plants, palm trees, and fruit trees. There are no known endangered or <br /> listed plant species on the property. <br /> According to the applicants, it is not known whether the subject property or <br /> immediate surrounding area has been used in the recent past for the gathering of plants by <br /> Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians <br /> gathering plants or conducting any other customary and traditional practices on the site or <br /> the adjoining properties. <br /> No professional surveys were conducted of the flora/fauna resources on the <br /> property. According to the applicants, the likelihood of any rare or endangered species, <br /> habitat or flora on the property is remote given the developed nature of the property and <br /> surrounding area. <br /> 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 to the <br /> already impacted property as mentioned above. <br /> Feasible actions to protect native Hawaiian rights- As stated by the applicant, no <br /> gathering is taking place on the site. Thus,to the extent to which traditional and customary <br /> native 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 properties. Additional governmental requirements may include the issuance of <br /> building permit, compliance with the Fire Code, installation of improvements required by <br /> the American with Disabilities Act (ADA), among many 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 action <br /> by the Planning Department and/or the affected agencies. <br /> -9- <br />