PD BACKGROUND REPORT (PL-SMA-2022-012_AmendSMA-07-024_&_PL-REZ-2022-014_AmendREZ-07-075)

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VL REZONING and SMA CONDITIONS Rezoning time extensions require compliance with applicable prevailing codes, particularly the concurrency provision of the Zoning Code. Further, project's compliance with the conditions of the rezoning ordinance also needs to be discussed. As such, this section addresses those requirements. For the sake of brevity since conditions of approval associated with SMA 07-000024 are duplicative of conditions within the change of zone ordinance, the following discussion will be limited to conditions within Ordinance 09 08. Change of Zone Ordinance 09 08 (certain conditions are recited in part for brevity) A. The applicant, its successors or assigns shall be responsible for complying with all stated conditions of approval. • The property is owned by the Applicant. As such, it has and intends to continue to assume the responsibility of complying with all pertinent and substantive conditions and any amendments thereto of this rezoning ordinance. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. • The subject site has secured a total of fifty (5 0)water commitments at an average of 400 gallons per day per unit or a total allocation of 20,000 gallons per day. As required by Condition B, Aina Engineers Inc. has prepared water usage calculations for the proposed 62-lot subdivision that will follow LEED silver design/certification criteria that defines a baseline use of approximately 320 gallons per day for each residential unit or total allocation of 19,840 gallons. Note that two (2) additional lots within the proposed subdivision will be set aside as archaeological preserves with one (1) additional lot to be set aside as open space, all of which will not require water service. On January 4, 2022, the Applicant made the necessary payments to the Department of Water Supply to extend these water commitments to June 30, 2023 (Exhibit M). C. The applicant shall provide a recreational area of at least S,000 square feet at the Naniloa Street end of the proposed subdivision, which shall be maintained by the proposed subdivision's owners'association. Additionally, the applicant shall provide the recreational area with its own water meter and adequate water to serve park visitors, and support grass and landscaping. This recreational area shall not diminish the applicant's commitment to provide additional recreational areas and the requirements under Condition U herein. The applicant shall provide a minimum of a three-acre,public neighborhood park sufficient in size and quality to create a playing 9Page