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i <br /> i <br /> I <br /> I <br /> I <br /> EXHIBIT"B" <br /> HRS § 201 H-38 EXEMPTIONS (COMPREHENSIVE LISTING) <br /> 1. Application fees: Chapter 5 of the Hawaii County Code Exemption from the building permit <br /> fee required under Sections 5-31 and 5-35. <br /> 2. Grubbing Permit: Chapter 10 of the HCC, Exemption from the requirement to obtain a new <br /> grubbing permit and instead, reinstate expired grubbing permit No. 091728, provided the <br /> owner/developer complies with the current HRS Chapter 6E-42 prior to the commencement of <br /> grubbing work. Condition X of Ordinance No. 06-78 shall remain in full force and effect. <br /> I <br /> 3. Use Permit Submission: Section 25-2-61, HCC. Applicability; use permit required. Exemption <br /> from the requirement for a use permit. The West Hawaii Senior Living project is considered a <br /> permitted use on the subject property. <br /> 4. Building Height: Sections 25-4-20 and 25-5-33, HCC: Exemption from the maximum building <br /> height limit of 45 feet in the RM district to allow a maximum building height of 48 feet. <br /> 5. Ordinance 06-78 Condition W: Exemption from the first sentence of Condition W, and <br /> replaced with the following sentence: "The applicant, its successors, and assigns shall be <br /> responsible for the cost of any sound abatement measures to reduce sound within the project." <br /> Exemption from the following language contained in Condition W: "This property was rezoned <br /> on the condition that if noise abatement measures between the Parkway and adjacent residences <br /> in this project must be taken to qualify the Parkway project for federal funding, the residential I <br /> owners would be required to pay for the noise abatement," and replaced with the following <br /> sentence: "This property was rezoned on the condition that the development's property owner(s), <br /> successors, and assigns shall be responsible for the cost of any sound abatement measures to <br /> reduce sound within the project." The remainder of Condition W shall remain in full force and <br /> effect. <br /> 6. Ordinance 06-78 Condition Y: Exemption from Condition Y regarding Fair Share <br /> Contribution. <br /> 7. Ordinance 06-78 Condition Z: Exemption from Condition Z regarding a requirement to pay <br /> impact fees should the County Council adopt a Unified Impact Fees Ordinance. <br /> 8. Ordinance 06-78 Section 1: Exemption from the Multiple-Family Residential (RM-2.5) zoning <br /> district to allow the Multiple-Family Residential (RM-2) zoning district because of the additional <br /> cost of land to meet the 2,500 square feet per unit required under the RM-2.5 zoning district. <br /> 9. Kona Community Development Plan, September 2008 (KCDP), Policy LU-2.8: Exemption <br /> from concurrency requirements of Policy LU-2.8 of the KCDP and Section 25-2-46, HCC. <br /> 10. Ordinance 06-78 Condition H: Exemption from Condition H and replaced with the following <br /> Condition H: If the project is built before the portion of the Kahului to Keauhou Parkway <br /> (Parkway) is built through the subject property, the project may access Kuakini Highway at a <br /> 4 <br /> I <br />