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rock walls, terraces,platforms, marine shell concentrations or human burials be <br /> encountered. The applicants will be required to cease work in the immediate area and <br /> contact the SHPD. Subsequent work may proceed upon an archaeological clearance from <br /> SHPD when it finds that sufficient mitigation measures have been taken. <br /> Lastly, this recommendation for approval is made with the understanding that the <br /> applicant remains responsible for complying with all other applicable government <br /> requirements in connection with the approved use,prior to its commencement or <br /> establishment upon the subject property. Additional governmental requirements may <br /> include the issuance of building permits, the installation of approved wastewater disposal <br /> systems, compliance with Fire Code, installation of improvements required by the <br /> 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 <br /> action by the Planning Department and/or the affected agencies. <br /> Based on the above findings, it is determined that the request is consistent with the <br /> Shoreline Setback Law pursuant to Chapter 205A-46 and the criteria established in Rule No. <br /> 8 of the Planning Commission's Rules of Practice and Procedure, and thus should be <br /> approved by the Planning Commission. Approval of this request is subject to the following <br /> conditions: <br /> 1) The applicant(s), its successor(s), or assign(s) ("Applicant") shall be responsible for <br /> complying with all stated conditions of approval. <br /> 2) The overall development shall conform substantially to the plans submitted and the <br /> representations made by the Applicant and as described in the multi-permit application <br /> dated February 27, 2023, any supplemental information, and any representations made to <br /> the Leeward Planning Commission. <br /> 3) The applicant shall comply with all conditions of SMA Use Permit # PL-SMA-2023- <br /> 000031. <br /> 4) The applicant shall secure all necessary approvals and permits from other affected Federal, <br /> State,and County agencies as necessary to comply with all applicable laws and regulations. <br /> 5) Except as approved with this variance, no land alteration, grubbing, landscaping or <br /> construction activities, including but not limited to, the stockpiling of debris, construction <br /> 6 <br />