PD Recommendation Report Ching (PL-REZ-2023-044)

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■ Feasible actions to protect native Hawaiian rights: As stated by the applicants, no known 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. However, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. Lastly, this recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permit, 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, the request to rezone the property from a Family Agricultural-3 acres (FA-3a)zoning district to an Agricultural-5 acres (A-5a)zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-15 (Hamakua District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6-