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BILL N0.227 LAVA KUAKINI, LLC CHANGE OF ZONE APPLICATION (REZ OS-013) REVISED CONDITIONS OF APPROVAL A. The applicant, landowner, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety days from the effective date of this ordinance for the initial commitment of 50 units of water. The applicant shall obtain water commitments to develop the requested number of units prior to submitting plans for Final Plan Approval for any portion of the project. C. Construction of [he proposed development shall be commenced within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy, provided further that, as represented by the applicant, the applicant shall generate affordable housing credits on-site equal to not less than fifty percent of the units developed for each phase of the development. Affordable housing credits in excess of the basic requirements of Chapter 11, Article 1, Hawaii County Code, shall be credited to the applicant, its successors, or assigns. The affordable housing plan shall be approved by the Administrator of the Office of Housing and Community Development prior to final subdivision approval or final plan approval, whichever occurs first. E. A Traffic Impact Analysis Report (TIAR) prepared by a licensed professional engineer shall be submitted to the Department of Public Works for review and approval prior to the issuance of Final Plan Approval. The TZAR shall include a schedule of improvements describing when each improvement should be required in development of the project. 4821-7489-2600.1 5/1/06