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COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 31 1'7 RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 20111-38 AND 46-15.1 OF THE HAWAII REVISED STATUTES FOR THE PROPOSED KALOKO HEIGHTS AFFORDABLE HOUSING PROJECT IN NORTH KONA, HAWAII WHEREAS, RCFC KALOKO HEIGHTS, LLC, a Delaware limited liability company (the "Owner"), is the current owner of certain real property in Kaloko and Kohanaiki, North Kona, Hawaii, identified as Hawaii Tax Map Key numbers (3) 7-3-009:019, 020, 032, 057, 058, 059, 060, 061 and 062 ("Kaloko Heights, Phase I"); and WHEREAS, the Owner is required by the Land Use Commission of the State of Hawaii (the "LUC"), via Docket A81-525, to provide housing opportunities for low- and moderate - income residents (the "State Affordable Housing Condition"); and WHEREAS, the Owner is required by the County of Hawaii (the "County"), via Ordinance 83-63, as amended by 86-91 (the "County Ordinances"), to comply with the State Affordable Housing Condition; and WHEREAS, the Hawaii Island Community Development Corporation (the "HICDC") is a Hawaii non-profit corporation engaged in developing housing for low- and moderate -income households, and has developed and operated over 550 low-income rental and self-help housing units for residents of Hawaii island; and WHEREAS, the Owner and the HICDC desire to work together to develop affordable housing units on the parcel identified as Tax Map Key number (3) 7-3-009:032 (the "Affordable Housing Parcel"), in order to partially satisfy the affordable housing requirements of State Affordable Housing Condition and the County Ordinance; and WHEREAS, the HICDC is proposing to develop an affordable housing project consisting of at least 80 units of affordable housing offered for rental or homeownership on the Affordable Housing Parcel (the "Affordable Housing Project"); and WHEREAS, Hawaii Revised Statutes (HRS), Section 201H-38, in conjunction with HRS 46-15.1, allows the County to exempt the Project "from all statutes, ordinances, charter provisions, and rules of any government agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units theron ..." contingent on County Council approval; and WHEREAS, the Program will promote the goals contained in Sections 201H-38 and 46- 15.1 of the HRS, and Chapter 2, Article 13, of the Hawaii County Code.