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with Fire Code, installation of improvements required by the American with Disabilities <br /> Act (ADA), among many others. Compliance with all applicable governmental <br /> requirements is a condition of this approval; failure to comply with such requirements <br /> will be considered a violation that may result in enforcement action by the Planning <br /> Department and/or the affected agencies. <br /> Based on the above findings, the proposed development will not have substantial adverse <br /> impacts on the environment, nor will its approval be contrary to the objectives and policies of <br /> Chapter 205A, HRS, relating to Coastal Zone Management and Rule No. 9 of the Planning <br /> Commission relating to the Special Management Area. <br /> Approval of this request is subject to the following conditions: <br /> 1. The applicant(s), its successor(s) or assign(s) (Applicant) shall be responsible for <br /> complying with all of the stated conditions of approval. <br /> 2. The Applicant shall secure all necessary approvals and permits from other affected <br /> Federal, State, and County agencies as necessary to comply with all applicable laws and <br /> regulations. <br /> 3. Construction and operation of each of the three (3) single-family dwellings shall be <br /> conducted in a manner that is substantially representative of plans and details as <br /> contained within the Special Management Area Use Permit application dated May 3, <br /> 2024, and representations made to the Windward Planning Commission. <br /> 4. Construction of the proposed development shall be completed within five (5) years from <br /> the effective date of this permit. <br /> 5. The Applicant shall comply with Chapter 27 - Flood Control, of the Hawaii County <br /> Code. <br /> 6. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation <br /> Control of the Hawaii County Code. <br /> 7. The Applicant shall not, at any time, impede or otherwise restrict public access to the <br /> shoreline at Onekahakaha Beach Park located adjacent to the project area. <br /> 8. Artificial light from exterior lighting fixtures, including, but not necessarily limited to <br /> floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be <br /> prohibited if the light directly illuminates, or is directed to project across property <br /> -6- <br />