PD RECOMMENDATION REPORT (PL-USE-2023-000020)

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Feasible actions to protect native Hawaiian rights: According to the applicant, 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. An inadvertent finding condition will be added in the unlikely event resources are discovered on the property during construction activities. 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 properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal 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 to construct an unoccupied, multi -carrier telecommunications facility to include a 150- foot-tall `monopole' tower and related equipment be approved by the Planning Commission. Approval of this request is subject to the following conditions: 1. The applicant, its successors, or assigns ("Applicant") shall be responsible for complying with all stated conditions of approval. 2. Construction and operation of the telecommunication facility shall be conducted in a manner that is substantially representative of plans and details as contained within the Use Permit application submitted on October 20, 2023, and representations made to the Windward Planning Commission. 3. Construction of the telecommunication facility shall be completed within five (5) years from the effective date of this permit. Prior to construction, the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-71(c)(3), 25-2-72, 25-2-74 and 25-4-12, in