PD Recommendation Report (PL-USE-2023-000009)

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habitat or flora on the property is remote given the developed nature of the property and surrounding area. Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed use since activities will primarily occur within existing dwellings. Feasible actions to protect native Hawaiian rights: 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 approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved water systems, 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,it is recommended that the request for a Use Permit to allow the establishment of a 3-bedroom bed and breakfast operation be approved by the Windward Planning Commission.Approval of this request is subject to the following conditions: 1. The applicant(s), its successor(s) or assign(s)("Applicant") shall be responsible for complying with all of the stated conditions of approval. 2. The operation of the bed and breakfast shall be conducted in a manner that is substantially representative of plans and details as contained within the Use Permit application received by the Planning Department and representations made to the 6