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3. 233° 10' 957.35 feet along Lot 7-A of Block 7 of Kaloko <br /> Mauka Subdivision, Increment 2 to a point; <br /> 4. 323° 10' 1,006.23 feet along the Westerly side of Kaloko Drive <br /> to the point of beginning and containing an <br /> area of 21.474 Acres. <br /> 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 (2005 <br /> <br /> Edition), 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(s), its successors or assigns shall be responsible for complying with <br /> all of the stated conditions of approval. <br /> B. The applicant(s), successors or assigns shall be responsible for complying with all <br /> requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible <br /> uses within the State Land Use Agricultural District. <br /> C. The applicant shall submit the required water commitment payment to the <br /> Department of Water Supply in accordance with its "Water Commitment <br /> Guidelines Policy" within ninety (90) days from the effective date of this change <br /> of zone. <br /> -2- <br /> <br />