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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 /> (1) Necessary to prevent circumstances which may be adverse to the public health, <br /> 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. Site layout and building design for any new structure within the proposed <br /> commercial development shall adhere to any design guidelines established for <br /> Pahoa Village when plans are submitted for Final Plan Approval. <br /> C. The commercial use of the property shall be established (certificate of occupancy) <br /> within five (5) years from the effective date of this ordinance. Prior to <br /> construction, the applicant shall secure Final Plan Approval for the development <br /> from the Planning Director in accordance with Section 25-2-70, Chapter 25 <br /> (Zoning Code), Hawai`i County Code. Plans shall identify all existing and/or <br /> proposed structures, fire protection measures, paved driveway access and paved <br /> parking stalls associated with the proposed development. Landscaping shall be <br /> indicated on the plans for the purpose of mitigating any adverse noise or visual <br /> impacts to adjacent properties in accordance with the requirements of Planning <br /> Department Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning <br /> Code), Hawai`i County Code. <br /> -2- <br />