PD RECOMMENDATION REPORT (PL-REZ-2022-000033)

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As mentioned above, impacts on identified archaeological resources will be addressed through the submittal and approval of Archaeological Monitoring Plans and Archaeological Preservation Plan for sites identified for preservation prior to land alteration as well as compliance with approved burial treatment. As archaeological remains could inadvertently be uncovered during development activities, a condition of approval will be added to address and mitigate any inadvertent finds. With implementation of the mentioned conditions of approval the proposed action will not affect traditional Hawaiian rights. Lastly,this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, 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 Deputy Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No 02 131. In addition, as the ordinance that is being amended is nearly 20 years old and as most of the conditions addressed requirements for the development of the RS-15 zoned lands (Kona Vistas subdivision),which have been fully developed, the Deputy Planning Director recommends that the existing conditions in the ordinance be deleted entirely. Newly added conditions address requirements specific to the development of the RM-5 zoned lands and reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 02 131 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struct through; new material is underscored. 16