PD RECOMMENDATION REPORT (PL-SMA-2023-000036)

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descendants that have been recognized by formal means. There is an existing access pathway that runs along the northern boundary that can be used for access through the area to the shoreline; it will not be blocked or limited by the proposed development. Feasible actions to protect native Hawaiian rights: The proposed development will preserve and protect the existing cultural sites by placing a no development buffer and small wall around the site to deter vandalism. Access to those cultural sites will be permitted for all recognized lineal and/or cultural descendants. The applicant will retain the existing access trail that runs through the property and will not affect any pedestrian movement. A condition of approval has also been added to protect any unidentified cultural, historical, and natural resources in the event any are encountered during construction along with the requirement to obtain an execute an approved Archaeological monitoring Plan for the project development. To the extent that traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Lastly, this approval is made with the understanding that the Applicant remains responsible for complying with all other applicable government requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with 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 above findings, the proposed residential development and related improvements 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 -8-