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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, Hawaii 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 />