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Feasible actions to protect native Hawaiian rights: As stated by the applicant, it is <br /> not known whether the subject site or immediate area was ever used for traditional and <br /> customary rights by native Hawaiians. Thus, to the extent to which traditional and <br /> customary native Hawaiian rights are exercised, the proposed action will not affect <br /> traditional Hawaiian rights; therefore,no action is necessary to protect these rights. <br /> Lastly, this recommendation is made with the understanding that the applicant <br /> remains responsible for complying with all other applicable governmental requirements in <br /> connection with the proposed use, prior to its commencement or establishment upon the <br /> subject properties. Additional governmental requirements may include the issuance of <br /> building permit, compliance with the Fire Code, installation of improvements required by <br /> the American with Disabilities Act (ADA), among many others. Compliance with all <br /> applicable governmental requirements is a condition of this approval; failure to comply <br /> with such requirements will be considered a violation that may result in enforcement action <br /> by the Planning Department and/or the affected agencies. <br /> Based on the preceding findings, the Planning Director recommends that the <br /> request to establish and operate a temporary and permanent Church and related uses <br /> be approved. Approval of this request is subject to the following conditions: <br /> 1. The Applicant, their successor(s), or assign(s) shall be responsible for complying <br /> with all stated conditions of approval. <br /> 2. The operation of the Church and related uses shall be conducted in a manner that is <br /> substantially representative of plans and details contained within the Special Permit <br /> Application and additional information received by the Planning Department and <br /> any representations made to the Windward Planning Commission. Any substantial <br /> expansion or uses beyond what is represented in these documents shall require an <br /> amendment to this permit. <br /> 3. The temporary church use shall be limited to a period of(1) one year. Prior to re- <br /> commencing operation of the temporary church use, the applicant shall secure a <br /> temporary building permit from the Department of Public Works. Should the <br /> -10- <br />