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5. 232° 30' 80.00 feet to along the Southeasterly side of <br /> Ponahawai Street to the point of <br /> beginning and containing an area of <br /> 1.020 acres, more or less. <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-Z-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, successors or assigns shall be responsible for complying with all of <br /> the stated conditions of approval. <br /> B. Prior to the issuance of a water commitment by the Department of Water Supply, <br /> the applicant shall submit the anticipated maximum daily water usage calculations <br /> as recommended by a registered engineer, and a water commitment deposit in <br /> accordance with the "Water Commitment Guidelines Policy" to the Department of <br /> Water Supply within 180 days from the effective date of this ordinance. <br /> C. The applicant shall construct water system improvements meeting with the <br /> requirements of the Department of Water Supply, prior to the issuance of a <br /> Certificate of Occupancy. <br /> 2 <br /> <br />