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All as shown on the map attached hereto, marked Exhibit "A" and by reference <br /> made a part hereof. <br /> SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 <br /> Edition, as amended), the County Council finds the following conditions are: <br /> (1) Necessary to prevent circumstances which may be adverse to the public <br /> health, safety and welfare; or <br /> (2) Reasonably conceived to fulfill needs directly emanating from the land use <br /> proposed with respect to: <br /> (A) Protection of the public from the potentially deleterious effects of <br /> the proposed use, or <br /> (B) Fulfillment of the need for public service demands created by the <br /> proposed use. <br /> A. The applicant, its successors or assigns shall comply with all of the stated conditions of <br /> approval. <br /> B. Prior to the issuance of a water commitment by the Department of Water Supply(DWS),the <br /> applicant(s)shall submit the anticipated maximum daily water usage calculations as prepared <br /> by a professional engineer licensed in the State of Hawai'i to the DWS.A water commitment <br /> deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in <br /> accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The <br /> applicant is responsible for maintaining valid water commitments to support the proposed <br /> use until such time that required water facilities charges are paid in full. <br /> C. In order to accommodate yard setbacks and minimum lot size requirements of the MCX-20 <br /> zoning district, the applicant, its successors or assigns shall secure Final Subdivision <br /> approval to consolidate the seven(7) existing lots and re-subdivide into a maximum of four <br /> (4) new lots within two (2) years of the effective date of this ordinance. <br /> -7- <br />