PD Recommendation Report (PL-SMA-2023-000029)

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Based on the above findings, the proposed development will not have substantial adverse impacts on the environment, nor will its approval be contrary to the objectives and policies of Chapter 205A,HRS, relating to Coastal Zone Management and Rule No. 9 of the Planning Commission relating to the Special Management Area. 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 stated conditions of approval. 2) The effective date of this SMA Use Permit shall be the effective date of the approved ordinance generated by the concurrent change of zone request(PL-REZ-2023-000041). 3) The Applicant shall comply with all conditions of the approved ordinance generated by the concurrent change of zone request (PL-REZ-2023-000041) or any amendments thereto. 4) The overall development shall conform substantially to the plans submitted and the representations made by the Applicant and as described in the multi-permit application dated February 12, 2023, any supplemental information, and any representations made to the Windward Planning Commission, except as further amended by subsequent ordinances and permits. 5) The applicant shall secure all necessary approvals and permits from other affected Federal, State, and County agencies as necessary to comply with all applicable laws and regulation. 6) Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5)years from the effective date of this permit. 7) The Planning Department may require a shoreline survey certified by the Chair of the Board of Land and Natural Resources for any future construction or activity. 8) Prior to applying for the subdivision, the Applicant shall remove the existing fence ("encroachments") shown in "Figure 3-Preliminary Subdivision Plat" of the multi-permit application within the area forty (40) feet landward from the top of the sea cliff. Once the fence has been removed the Applicant must inform the Planning Department by letter of the fence removal and the Applicant must arrange a date and time to have the property inspected by Planning Department staff. Future Special Management Area approvals will not be granted if these encroachments are not resolved. 9