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Y. The project shall include housing. At least 50 residential units shall <br />be under actual construction, with completion assured by security <br />approved by the Planning Director, before the issuance of a <br />certificate of occupancy for any commercial structures. An <br />additional 50 units shall be constructed if all the commercial uses <br />exceed 60, 000 square feet of gross floor area. The additional units <br />shall be under actual construction, with completion assured by <br />security approved by the Planning Director, before the issuance of <br />a certificate of occupancy for commercial structures exceeding a <br />cumulative total of 60, 000 square feet of gross floor area on the <br />project area. <br />The applicant is requesting that this condition be deleted in its <br />entirety and instead let the prevailing code (Chapter 11 of the Hawaii <br />County Code) relating to affordable housing apply. Inasmuch as the <br />requirement of affordable housing is already found in Condition Z, <br />Condition Y would be redundant. More critically, however, Condition Y <br />would be inconsistent with the judicial principle of "equal application of <br />the law" as only this and not all projects are being tagged with this <br />obligation. Further, inasmuch as this additional requirement is not <br />being requested by the applicant, the condition would be tantamount to <br />"contract" zoning, which is legally frowned upon. <br />Z. To ensure that the Goals and Policies of the Housing Element of <br />the General Plan are implemented, the applicant shall comply with <br />the requirements of Chapter 11, Article 1, Hawaii County Code <br />relating to Affordable Housing Policy. This requirement shall be <br />approved by the County Housing Agency prior to final subdivision <br />approval or final plan approval, whichever occurs first. The housing <br />requirement shall be met by the provision of affordable housing <br />onsite and not by use cf any affordable housing credits generated <br />off site or by any in -lieu fee. <br />The applicant will comply with this requirement. However, editorially, it <br />should be noted that the approving entity should be the Administrator <br />of the Office of Housing and Community Development and not the <br />County Housing Agency. <br />AA. Comply with all applicable County, State, and Federal laws, rules, <br />regulations, and requirements. <br />This is an on-going requirement, one which the Applicant and its <br />contractors agree to comply with. <br />18 <br />