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The Honorable Dr. Holeka Goro Inaba and Members of the County Council County of Hawaii November 23, 2025 Page 5 In the past, most change of zone ordinances that upzoned a parcel, thus allowing for higher residential density, included a condition that prohibited the development of a second dwelling unit, which at the time was primarily done by the applicant securing an `Ohana dwelling permit (which was removed from the Zoning Code with the allowance of ADUs). This prohibition allowed control over the potential to increase residential density in neighborhoods, thus limiting the development's impact on regional infrastructure. Based on this, Fair Share conditions which require a financial contribution to the County to mitigate those impacts were included in such residential rezonings to apply to number of new lots created by subdivision, as each lot was limited to one dwelling. Now that the Zoning Code has changed to allow ADUs, the Planning Director does not think it appropriate to add condition prohibiting additional dwelling units, as it may be considered contract or conditional zoning removing landowner rights to develop their property as allowed by the Zoning Code. However, he finds it necessary to revisit the Fair Share condition to include a payment requirement for not only the additional number of lots created, but also the additional number of ADUs that subsequent lot owners may develop in the future. Based on the preceding, the Fair Share condition has been updated to include a fair share requirement for new lots created that will be payable before final Subdivision Approval and any ADUs developed (beyond the initial, primary dwelling) prior to issuance of a building permit. In considering the request in relation to the surrounding zoning, the request will result in an appropriate land use pattern. The subject property is surrounded on four sides by parcels that are zoned for single-family residential use, which will be like the proposed subdivision and will allow for the same density as the surrounding parcels. Based on the above information, the proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience, and the general welfare of the County. The proposed request will not burden public agencies to provide utilities and services to the subject property. Primary access will be provided via an extension of Kikaha Street, a County -owned and maintained 50-foot-wide minor roadway that connects to Kawailani Street, a major collector road.