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An additional condition of approval will be included, to address recommendations <br /> from DOFAW regarding protection of listed or endangered species and avoiding the <br /> spread of invasive species and pathogens. <br /> Lastly, this recommendation is made with the understanding that the Applicant <br /> remains responsible for complying with all other applicable government requirements in <br /> connection with the approved use,prior to its commencement or establishment upon the subject <br /> property. Additional governmental requirements may include the issuance of building permits, the <br /> installation of approved wastewater disposal systems, compliance with Fire Code, installation of <br /> improvements required by the American with Disabilities Act(ADA), among many others. <br /> Compliance with all applicable governmental requirements is a condition of this approval; failure <br /> to comply 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, the proposed development will not have substantial <br /> adverse impacts on the environment, nor will its approval be contrary to the objectives and <br /> policies of Chapter 205A, HRS, relating to Coastal Zone Management and Rule No. 9 of the <br /> Planning Commission relating to the Special Management Area. Approval of this request is <br /> subject to the following conditions (material to be deleted is bracketed and material to be added is <br /> underscored): <br /> 1. The applicants, successors or assigns (Applicant) shall be responsible for complying with <br /> all of the stated conditions of approval. <br /> 2. The construction of the retreat and the operation of all of its related facilities and <br /> activities shall be conducted in a manner that is substantially representative of plans and <br /> details as contained with the Applications for Special Management Area Use Permit and <br /> Special Use Permit, Proposed Hawaiian Permaculture and Wellness Retreat dated March <br /> 2001. Additionally, construction and operation of the additional guest rooms shall be <br /> conducted in a manner that is substantially representative of plans and details contained <br /> in the Application to Amend Special Management Area Use Permit No. 417 and Special <br /> Permit No. 1117 received by the Planning Department on June 14, 2022, additional <br /> information dated December 30, 2022, and representations made to the Leeward Planning <br /> Commission. <br /> -9- <br />