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Heather Kimball, Council Chair and Members of the County Council County of Hawaii December 6, 2022 Page 2 the possibility of an administrative time extension. • An amendment to Condition E (Restrictive Covenants) to delete the requirement to provide a copy of the recorded covenant prior to receipt of final subdivision approval and Condition F (Restrictive Covenants) to prohibit the allowance of condominium property regimes (CPR) and to delete the requirement to provide a copy of the recorded covenant prior to receipt of final subdivision approval. ® The deletion of Condition G, which required restrictive covenants in the deeds of all proposed lots to require individual owners to file a conservation plan with the Kona Soil and Water Conservation District. ■ An amendment to Condition I (Drainage Study) to add the standard requirement that all development-generated runoff be disposed of on site and not be directed toward any adjacent property. ■ The addition of new standard condition requiring compliance with Chapter 10 of the Hawaii County Code (Erosion and Sedimentation Control) ■ The deletion of Condition J (Archaeological Survey) due to the State Historic Preservation Division's (SHPD) prior determination that "no historic properties would be affected"by the proposed four(4)-lot subdivision. ■ An amendment to Condition M (Fair Share Requirements) to clarify that the fair share requirement shall only apply to any additional lots created and to update the required fair share amounts to current rates. The non-performance on timed conditions is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. The applicant acquired the subject property under foreclosure on May 11, 2022, with the goal of completing the proposed, four (4)-lot subdivision as envisioned by the previous owner. According to the applicant, it is unknown why the former owner could not complete the proposed subdivision within the timeframe stipulated in Ordinance No. 98 91, however, the applicant intends to complete the subdivision as represented in the original ordinance, thus the additional time to complete the subdivision is necessary. Based on the preceding, the Planning Director has determined that the non- performance by the former landowner was beyond the current applicant's control and was not the result of their fault or negligence. Furthermore, as the ordinance was approved in 1998, the Planning Director recommends updating several existing conditions to reflect current standard language and amending/adding new conditions as requested by the