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<br />5. <br /> <br />580 <br /> <br />10' <br /> <br />150.00 <br /> <br />feet along the north side of Kamana <br />Street to the point of beginning and <br />containing an area of 20,314 square <br />feet, more or less. <br /> <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, Hawai'i County Code 1983 (2005 <br />Edition), the County Council finds the following conditions are: <br />Necessary to prevent circumstances which may be adverse to the public health, safety <br />and welfare; or <br /> <br />(1) 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 /> <br />A. The applicant(s), its successors or assigns shall be responsible for complying with <br />all of the stated conditions of approval. <br /> <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 prior to the issuance of Final Plan Approval for the construction of <br />any commercial structures. <br /> <br />C. The applicant shall install a reduced pressure type backflow prevention assembly <br />within five (5) feet of the water meter on private property, which must be <br /> <br />-2- <br />