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4. 1870 30' 28.28 FEET TO A POINT AT THE <br />SOUTHEASTERLY SIDE OF <br />PONAHAWAI STREET; <br />5. 2320 30' 80.00 FEET ALONG THE SOUTHEASTERLY <br />SIDE OF PONAHAWAI STREET TO THE <br />POINT OF BEGINNING AND <br />CONTAINING AN AREA OF 1.020 <br />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 25-2-44, Hawaii 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 and <br />welfare; or <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 />A. The applicant(s), successors or assigns shall be responsible for complying with all <br />of the stated conditions of approval. <br />B. Prior to the issuance of a water commitment by the Department of Water Supply, <br />the applicants shall submit the anticipated maximum daily water usage <br />calculations as prepared by a professional engineer licensed in the State of <br />Hawaii. The required water commitment payment shall be submitted to the <br />Department of Water Supply (DWS) in accordance with its "Water Commitment <br />Guidelines Policy" within 180 days from the effective date of this ordinance. <br />-2- <br />