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EXHIBIT "A" <br /> HRS § 201 H-38 EXEMPTION REQUESTS <br /> 1. Application fees: Chapter 5 of the Hawai'i County Code <br /> Exemption from the building permit fee required under Sections 5-31 and 5-35 of the <br /> Hawai'i County Code ("HCC"). <br /> 2. Grubbing Permit: Chapter 10 of the Hawai`i County Code <br /> Exemption from the requirement to obtain a new grubbing permit and instead, <br /> reinstate expired grubbing permit #091728, provided the owner/developer <br /> complies with the current HRS Chapter 6E-42 prior to the commencement of <br /> grubbing work. Condition X of Ordinance No. 06 78 shall remain in full force and <br /> effect. <br /> 3. Use Permit Submission: Section 25-2-61. Applicability; use permit required. <br /> Exemption from the requirement for a use permit under section 25-2-61, HCC. <br /> The West Hawai'i Senior Living project is hereby considered a permitted use on <br /> the subject property. <br /> 4. Building Height: Sections 25-4-20 and 25-5-33, HCC: <br /> Exemption from the maximum building height limit of 45 feet in the RM district to <br /> allow a maximum building height of 48 feet. <br /> 5. Ordinance 06-78 Condition W: <br /> Exemption from the first sentence of Condition W and replaced with the following <br /> sentence: "The applicant, its successors, and assigns shall be responsible for <br /> the cost of any sound abatement measures to reduce sound within the project." <br /> Exemption from the following language contained in Condition W: "This property <br /> was rezoned on condition that if noise abatement measures between the <br /> Parkway and adjacent residences in this project must be taken to qualify the <br /> Parkway project for federal funding, the residential owners would be required to <br /> pay for the noise abatement" and replaced with the following sentence: "This <br /> property was rezoned on condition that the development's property owner(s), <br /> successors, and assigns shall be responsible for the cost of any sound <br /> abatement measures to reduce sound within the project." <br /> The remainder of Condition W shall remain in full force and effect. <br /> 6. Ordinance 06-78 Condition Y: <br /> Exemption from Condition Y regarding Fair Share Contribution. <br />