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44. Members of the public have testified that it is <br /> unacceptable to approve more development until Continental <br /> Pacific, LLC revises Subdivision 7644 map, drafts legal <br /> descriptions and executes conveyance documents so that the <br /> public can inspect the public accesses on the ground before <br /> the County Council proceeds. <br /> 45. Bill 356 is agendized for second reading for a <br /> regularly scheduled hearing before the County Council on <br /> March 1, 2005. Bill 356 includes conditions of approval. <br /> Condition (D) states in relevant part: <br /> The project, including the provisions of public <br /> accesses to and along the shoreline, limitations on <br /> the number of dwellings in the RS zone, and furnishing <br /> of water to the lots, shall be completed in <br /> substantial compliance with the Settlement Agreement <br /> dated April 12, 2002. <br /> 46. Part C. Public Access, page 7 of the Subdivision <br /> Agreement states in relevant part: <br /> The County of Hawaii hereby agrees and stipulates that <br /> the terms of this Agreement and the recordation of the <br /> Easements for Public Access for the Continental Lands <br /> at the Bureau of Conveyances, State of Hawaii, shall <br /> constitute full and final compliance with all public <br /> access requirements for the Continental Lands of <br /> Hawaii revised Statutes ("HRS") Section 46.6.5, HRS <br /> Chapters 205A and 343, the Ala Loa or Ala Kahakai, and <br /> Hawaii County Code Chapter 23 (Subdivision) and <br /> Chapter 34 (Public Access). <br /> 47. February 1, 2005 the County Council Planning <br /> <br /> Committee approved Bill 356 and forwarded the Bill to the <br /> <br /> County Council for first reading with a majority vote. <br /> 12 <br /> <br />