Opposition testimonies (3) 07.17.23 thru 07.18.23

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,a the event that the applicant conveys ownership, Ieasehold, or controlling development interest in the land prior to receiving its initial subdivision approval for the proposed project, an in-lieu monetary fee for the cost of constructing these improvements, to be determined by the Department of Public Works shall be due and payable on or before the issuance of a building permit for any commercial structure; (H) drainage system improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval; (I) water demand calculations for the individual commercial uses proposed within the project site shall be submitted to the Department of Water Supply for review and approval,prior to the issuance of Final Plan Approval for these commercial uses; (3) the applicant shall utilize design and landscaping guidelines of the Waimea Design Plan; (K) the applicant shall comply with all other applicable laws, rules, regulations and requirements of the affected agencies, including those of the Department of Health and the Fire Department; (L) should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (M) should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; (N) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (0) an extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the -3- :