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Mr. Christopher Yuen <br /> January 30, 2002 - 02A-047 <br /> Page 7 <br /> Condition (X). The applicant shall notify all prospective buyers of the property of the <br /> potential odor, noise and dust pollution associated with surrounding- Agricultural District <br /> lands. <br /> Acknowledged. <br /> Conddtion (Y). Applicant shall notify all prospective buyers of the property that the <br /> Hawaii Right-to-Farm Act, Chapter 165, Hawaii Revised Statutes, limit the circumstances <br /> under which pre-existing farm activities maybe deemed a nuisance. <br /> Acknowledged. <br /> Coeadit®on (Z). Comply with all applicable laws, rules, regulations and requirements of <br /> other affected agencies for approval of the proposed development within the subject <br /> property. <br /> Acknowledged. <br /> Condption (~1,4). An annual progress report shall be submitted to the Planning Director <br /> prior to the anniversary date of the approval of the ordinance. The repart shall include, <br /> but not be limited to, the status of the development and to what extent the conditions of <br /> approval are being complied with. This condition shall remain in effect until all of the <br /> conditions of approval have been complied with and the Planning Director acknowledges <br /> that further reports are not required, <br /> Acknowledged. The next annual report will be due )anuary 25, 2003. <br /> Cored®teon An initial extension of time for the performance of conditions within the <br /> <br /> ordinance may be granted by the Planning Director upon the following circumstances: <br /> 1. The non-performance is the result of conditions that could not have been foreseen <br /> or are beyond the control of the applicant, its successors or assigns, and that are <br /> not the result of their fault or negligence. <br /> 2. Granting of the time extension would not be contrary to the General Plan or <br /> Zoning Code. <br /> 3. Granting of the time extension would not be contrary to the original reasons for the <br /> granting of the change of zone. <br /> <br />