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HomeMy WebLinkAboutCOM 0669.000 2000-2002 r I ®J~Y~.oF "4w ~ ' 7' ~ Christopher J. Yuen Harry Kim Mayor ~ Director a''~''~"`"`~~'~ Roy R. Takemoto 9rE~oF•H~'~ Deputy Director ~~~x~~~r ~x£~x~ttt June 7, 2002 PLANNING DEI'ATdTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (SOS) 961-8288 • Fax (808) 961-8742 R. Ben Tsukazaki, Esq. Tsukazaki Yeh & Moore 85 W. Lanikaula Street t_. Hilo, HI 96720 Dear Mr. Tsukazaki: - Change of Zone Ordinance No. 99-42 (REZ 926) Special 1Vlanagement Area (S1VIA) Use Permit No. 389 Applicant: I~aupulehu Developments Subject: Annual Progress I2.eport Tax lO~Iap I~ey• ~-2-3: portion of 1 Thank you for the annual progress reports dated April 8, 2002 as required under Condition AA of Change of Zone Ordinance No. 99-42. By copy of this letter we will forward your report to the County Council and Planning Commission for their reference. We understand that litigation has held up progress on this development. We look forward to the submittal of your next annual progress reports for both the rezoning and SMA permit on or before April 10, 2003. In the meantime, please feel free to contact Eileen O'Hora-Weir or Susan Gagorik of our office at 961-8288 should you have any questions. Sincerely, C ISTOP R J. YUEN Planning Director EOW:pak p:lwpwin 60\ei leenUetters\LKaupu lehuRez926 xc w/report: Hawaii County Council Planning Commission Planning Department -Kona Cow, No, F°a!o No. , Ref. To: l~f. Date sale ~ ~ ~~Z Tsukazaki Yeh & Moore R. sEN TsuxAZAxr ATTORNEYS AT LAW rbtC~lava. A Limited Liability Law Company THOMAS L.H. YEH dy@lava. MICHAEL W. MOORE 85 W. Lanikaula Street Hilo, Hawaii 96720 Telephone: (808) 961-0055 FAX (808) 969-1531 mmooreC~lava.i April 10, 2002 Christopher J. Yuen, Planning Director County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Re: Ordinance No. 99 42 Change of Zone Application (REZ 98-15) SMA Use Permit No. 389 Applicant: Kaupulehu Developments Kaupulehu, North Kona, Hawaii Dear Mr. Yuen: We submit herein the annual progress report on behalf of Kaupulehu Developments, which describes Petitioner's activities in compliance with various conditions which are contained in Ordinance No. 99 42, which became effective on April 10, 1999. Please also note that the Petitioner has been involved in proceedings incident to the Hawaii Supreme Court's decision, Ka Pa 'akai O K~ina v. Land Use Commission, issued on September 1 1, 2000. In this decision the Hawaii Supreme Court vacated the Land Use Commission's Decision and Order approving Kaupulehu Development's petition for land use district boundary amendment concerning the subject property, and remanded the matter back to the Land Use Commission for the purpose of entering specific findings concerning valued natural, historical and cultural resources, including traditional and customary native Hawaiian rights and practices. Pursuant to this decision, on December 5, 2000 the Third Circuit Court entered a judgment remanding the matter to the Land Use Commission. After extensive briefing by the parties, the Land Use Commission held hearings on August 9 and 23, 2001, and on October 18, 2001, the Land Use Commission issued its Findings of Fact, Conclusions of Law, and Decision and Order on the remanded issues. Tsukazaki Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company Christopher J. Yuen, Planning Director County of Hawaii April 10, 2002 Page 2 Please contact me if you should have any questions regarding the above. Very truly yours, TSUKAZAKI YEH & MOORE, A Limited Liability Law Company R. BEN TSUKAZAKI RBT:sr Enclosures xc: Kaupulehu Developments Belt Collins Hawaii ANNUAL REPORT FOR SMA USE PERMIT NUMBER 389 APRIL 8, 2002 CONDITION 1. Compliance with Conditions The applicant, successor- or assigns shall be responsible for complying with all stated conditions of approval. STATUS: Lessee acknowledges this requirement. CONDITION 2. Effective Date The effective date of the Special Management Area Use Permit shall be the effective date of the Kaupulehu Project District Ordinance. STATUS: The effective date of the Kaupulehu Project District Ordinance is April 10, 1999. CONDITION 3. Compliance with LUC Conditions The applicant shall comply with all applicable requirements of the Land Use Commission Decision and Order Docket No. A93-701 conditions of approval, and a copy of the written documentation of compliance with these conditions shall also be submitted to the Planning Director. STATUS: Lessee acknowledges this requirement and encloses a copy of the most recent Annual Report to the State Land Use Commission to document efforts to date, as well as a copy of the Commission's Decision and Order on remand issued on October 18, 2001.. CONDITION 4 Drainage A detailed drainage study shall be prepared and submitted for approval by the Department of Public Works prior to submittal of plans for Subdivision Approval and Plan Approval review, whichever comes first, for the residential, commercial and golf courses developments. The study shall take into consideration the the drainage system, retention basins and `reduced turf' design to be incorporated into the golf courses. STATUS: Lessee acknowledges this requirement. CONDITION S. Drainage System A drainage system based on the approved detailed drainage study shall be installed in each phase of development in the Project area: (A) prior to the issuance of a certificate of occupancy for the commercial area or the opening of a golf course; or (B) in conjunction with subdivision of residential lots, whichever occurs first in such phase. STATUS: Lessee acknowledges this requirement. CONDITION 6. Landscaping Plan The applicant shall prepare and submit to the Planning Director for approval a Landscaping plan. The plan shall include areas for preservation and/or propagation and use of native plants and plants of cultural valsce. STATUS: Lessee acknowledges this requirement. CONDITION 7. Water Quality/Salt Pan Quality Monitoring Prior to the issuance of any grading permit on any portion of the proposed golf course development, an overall monitoring plan (including a baseline for quality of salt beds) on the potential pollution to groundwater and near shore coastal waters shall be approved by the State Department of Health. A copy of the approved plan shall be submitted to the Planning Director. STATUS: A water quality monitoring plan was submitted to the Department of Health on September 28, 1998. The plan was accepted by the Department on October 19, 1998. A monitoring plan for Salt Pan Quality was submitted to the Department of Health on May 24, 2000. The Department responded with comments on July 7, 2000. CONDITION 8. Marine Life Monitoring A marine life monitoring and mitigation plan shall be prepared and submitted for approval by the U.S. Fish and Wildlife Service, the National Marine Fisheries Service and the State Department of Land and Natural Resources (Division of Aquatic Resources) prior to the issuance of a grading permit and/or prior to any land preparation activity. A copy of the approved plan shall be submitted to the Planning Director. STATUS: A Baseline Marine Assessment was conducted on September 18 and 19, 1993 and it findings were published in a November 29, 1993 report which was included in the Kaupulehu Resort Expansion Final Environmental Impact Statement (September 1994, Belt Collins Hawaii). The methodology for the study is consistent with the West Hawaii protocol developed by our marine consultant and subsequently accepted by the Department of Health as the uniform standard for baseline assessments and monitoring. Pre-construction monitoring, following the same methodology, began with afollow-up survey that was conducted in March 2002. Periodic monitoring will continue every six months for the foreseeable future. CONDITION 9. Golf Course Chemicals The use of pesticides, biocides and herbicides in conjunction with all phases of the golf course operation shall conform with the applicable regulations of appropriate government agencies. STATUS: Lessee acknowledges this requirement. CONDITION 10. Fugitive Dust During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Sccch measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. STATUS: Lessee acknowledges this requirement. CONDITION 11. Arcl:aeological Approvals An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department ofLand and Natural Resources-Historic Preservation Division ("DLNR-SHPD") and Hawaiian community organizations, prior to submitting plans for plan approval review. The plan shall also include applicable conditions of approval of the Land Use Commission Decision and Order Docket No. A93-701. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery; (2) a detailed interim protection/reservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage, and long-range preservation concerns which may be sz~bmitted at a later date. Approved mitigation measures shall be implemented prior to issuance of any land use alteration permits for each phase of development within the project area. STATUS: The mitigation plan and interpretation plans have been drafted in consultation with native Hawaiians and lineal descendants of the property's historic tenants and once they have been reviewed by the lessee and the landowner, will be submitted to the Planning Director and the DLNR-SHPD for formal approval. CONDITION 12 Clearance from DLNR-SIIPD Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human batrials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the DLNR-SHPD shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when the DLNR- SHPD finds that sufficient mitigative measures have been taken. STATUS: Lessee acknowledges this requirement. CONDITION 13. Pzzblic Access Plan A final comprehensive public access plan, to be developed in consultation with community groups arzd in accordance with applicable conditions of approval of the Land Use Commission Decision and Order Docket No. A93-701, shall be submitted to the Planning Director and shall include mauka-makai lateral shoreline accesses, description of trail width and surfacing, parking area(s), signage, emergency response considerations, restrictions on use (if any), provision for recreational and restroom facilities at appropriate locatiof:s, and related improvements. The requirements of Chapter 34, relating to Public Access, of the Hawaii County Code shall be included in the plan. Implementation of the public access plan shall be completed with the opening of the golf coz~rse. The trail easement shall be recorded by metes and bounds. STATUS: Lessee acknowledges this requirement. CONDITION 14. Integrated Resources Management Plan The Integrated Resources Management Plan dated Jame 1998 or any amendments approved thereafter by affected agencies shall be made a part of this pern:it. The implementation recommendations and management guidelines shall govern the use of the Coastal Planning Area and other resources. STATUS: Lessee acknowledges this requirement. Pursuant to Condition 1 of the Hawaii County Planning Commission's Findings of Fact, Conclusions of Law, Decision and Order on Remanded Issues, dated December 30, 1999, this condition was reworded to read: "The implementation recommendations and management guidelines of the Integrated Reso>rces Management Plan dated June 1998, as may be amended pursuant to agency requirements, shall govern the use of the Coastal Planning Area and other resources. CONDITION I5. Utilities All electrical and communication utilities and systems within the Project site shall be placed underground, with the exception of the main 69KV transmission line from the Mamalahoa Ilighway to the proposed electrical substation site. STATUS: Lessee acknowledges this requirement. CONDITION 16. Building Envelope The applicant shall maintain the Building Envelope development standards for the Kaupulehu Project District and shall be as illustrated in Figures 2-4 to 2-8 in the Special Management Area Use Permit application report. STATUS: Lessee acknowledges this requirement. CONDITION 17. Wastewater Disposal System A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Ilealth and/or the Department of Public Works, whichever is applicable. STATUS: Lessee acknowledges this requirement. CONDITION I8. Golf Course Development within 75-Foot Setback The applicant shall submit to the Planning Department a copy of the Mutual Agreement behveen the applicant, the Department of Land and Natural Resources and the Office of State Planning for any portion of the golf courses which are allowed within the 75 foot setback zone prior to submitting plans for Final Plan Approval for the golf cozzrses. STATUS: Lessee acknowledges this requirement. CONDITION 19. 150-Foot Setback Requirements No residential development or vertical improvements other than landscaping and improvements and uses allowed by the Kaupulehu Project District Ordinance shall be allowed within the 150 foot setback zone. STATUS: Lessee acknowledges this requirement. CONDITION 20. 40-Foot Shoreline Setback Requirements Any improvements within the 40 foot shoreline setback area shall be limited only to repairs of any trail or culturally significant item aced shall be approved by either the Planning Director or the Planning Commission. STATUS: Lessee acknowledges this requirement. CONDITION 2I. Cultural Advisory Committee A Cultural Advisory Committee consisting of the applicant, Ka Pa'akai 0 Ka `Ama, kamaaina residents of the ahupua'a, Planning Department, andlor other community groups as determined by the applicant, including as ex-officio members, the Department of Land and Natural Resources and the Department of Health, shall be established by the applicant to review plans for public access, implementation recommendations and management guidelines of the Integrated Resources Management Plan. STATUS: Pursuant to Condition 2 of the Hawaii County Planning Commission's Findings of Fact, Conclusions of Law, Decision and Order on Remanded Issues, dated December 30, 1999, this condition was deleted in its entirety. CONDITION 22. Place Names Hawaiian place names including regional place names shall be used in the overall development of the project. The names shall be reviewed for appropriateness by the Cultural Advisory Committee. STATUS: Lessee acknowledges this requirement. Pursuant to Condition 3 of the Hawaii County Planning Commission's Findings of Fact, Conclusions of Law, Decision and Order on Remanded Issues, dated December 30, 1999, this condition was amended by deleting the last sentence in its entirety. CONDITION 23. Subzone A Setback Requirements In Subzone A, which is detailed on the applicant's exhibits, a 500 foot setback zone from the certified shoreline shall be created. This area shall be restored to its natural and man-made historical content and maintained thereafter by the applicant. No strt~ctcrres or improved roads shall be allowed within this area. STATUS: Lessee acknowledges this requirement. CONDITION 24. Applicable Laws, Rules and Regulations The applicant shall comply with all applicable laws, rules, regulations, and requirements of affected agencies. STATUS: Lessee acknowledges this requirement. CONDITION 25. Progress Reports An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this permit. The report shall include, but not be limited to, the status of the development avid to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that fisrther reports are not required. STATUS: Lessee acknowledges this requirement. l'ONDITTn~~ 2J/, Frtntrsi~t~ of tir~~e, STATUS: Lessee acknowledges this requirement. ANNUAL REPORT FOR THE KAUPULEI-IU PROJECT DISTRICT APRIL 8~ 2002 PD (A). Compliance with Conditions The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. STATUS: The applicant acknowledges this condition. PD (B). Development Period This project area shall be called the Kaupulehu Project District. The development period for the Kaupulehu Project District shall be 20 years from the effective date of approval of the Project District Ordinance. STATUS: The applicant acknowledges this condition. PD (C). Maximum Area The Kaupulehu Project District shall consist of not more than 1, 078.634 acres with 869.698 acres for Residential, golf course and ancillary related development; 197.936 acres for the i Urbani Coastal Planning Area and 11 acres for Commercial development. Any amendment to these acreages shall require an amendment to the Kaupulehu Project District Ordinance. STATUS: The applicant acknowledges this condition. PD (D). Maximum Unit Count The maximum number of units to be allowed within the Kaupulehu Project District shall be 1, 030 units. Any increase in the number of units shall require an amendment to the Kaupulehu Project District Ordinance. STATUS: The applicant acknowledges this condition. PD (E). Use Restriction in Coastal Planning Area There shall be no residential, commercial or similar type developments in the Coastal Planning Area other than those specified in the Integrated Resources Management Plan. The Coastal Planning Area shall be described by metes and bounds, and the restrictions shall be specified in the covenant(s) in the property deed. A copy of the metes and bounds, and proposed covenants(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval or Final Plan approval or land alteration activities, whichever occurs first. STATUS: The applicant acknowledges this condition. The metes and bounds have been completed and will be recorded at the Bureau of Conveyances shortly. PD (F). Disclosure of Private Infrastrtecture The applicant shall disclose to all potential buyers of lots or amits within the proposed project that internal infrastructure and community facilities shall be developed and maintained privately and that the County is not obligated to construct any public facilities within the project area. STATUS: The applicant acknowledges this condition. PD (G). Permitted Uses The permitted uses as defined ira Chapter 25 (Zoning Code) Ordinance No. 96-160 that are to be allowed in the Kaupulehu Project District within the 869.698 acres for Residential, golf course and ancillary related development and the 11 acres for Commercial development STATUS: The applicant acknowledges this condition. PD (H). Design Standards The following permitted uses as defined in Chapter 25 are to be allowed STATUS; The applicant acknowledges this condition. PD (I). Final Plan/Subdivision Approval Final Subdivision or Final approval, whichever is applicable, shall be secured form the Planning Director for any of the above uses prior to the issuance of any land alteration permits for any development phase in the Kaupulehu Project District. STATUS: T11e applicant acknowledges this condition. Tentative subdivision approval was granted for the project area in October 17, 2000. PD (J). Commencement of Construction Construction of the residential units, commercial development, golf course and other related improvements shall commence only after Final Subdivision Approval and Final Plan Approval has been secured. STATUS: The applicant acknowledges this condition. PD (K). Water Sources The applicant shall provide assurance satisfactory to the Department of Water Supply and the Planning Director, upon consultation with the State Department of Health and Department of Land and Natural Resources, that water sources of sufficient quality and quantity has been established. Such satisfactory assurance can be met by the actual drilling and testing of a well site of the water source or by the submittal of a hydrological study certifying that a water sources of sufficient quality and quantity can be established at the designated locatiorts. STATUS: The applicant acknowledges this condition. PD (L). Developfnent of Water Source Upon compliance with Condition K, the actual development of the water source and its water transmission and distribution system shall be developed in conjunction with the subdivision approval process. Final inspection to the residential structures shall not be issued until the approved water source is developed and its transmission and distribution system for suc6z source to the subject property has been constructed. Residential building permits may be issued,fof• model home complexes, provided that such homes will not be occupied until the approved water souf-ce is developed. -2- STATUS: The applicant acknowledges this condition. PD (M). Interior Roadway Requirements The interior roadway requirements for the Kattpulehu Project District shall be designed to resort standards as allowed by the Subdivision Code and as represented in Section 3.3.1 of the applicant's Project District Application. STATUS: The applicant acknowledges this condition. PD (N). Access Requirements Access(es) to the project site shall meet with the approval of the Departments of Transportation-Highways Division and Public Works as follows: (1) If warranted, a fully channelized intersection improvements, including but not limited to traffic lights and/or an overpass or t!r?derpass, shall be provided meeting with the approval of the Department of Transportation prior to initial occupancy of residential units gaining access from the respective intersection. The cost of such improvements shall be borne by the applicant to the extent of the project's projected traffic impacts and may be credited to or deducted from the applicant's fair share contribution for road and traffic improvements, as required under Condition W. (2) A traffic monitoring program at the intersection of Queen Kaahumanu Highway shall be submitted to and approved by the State Department of Transportation, Highways Division, prior to receiving final plan approval for any portion of the proposed development. If additional intersection improvements such as a fully channelized intersection with acceleration/deceleration lanes, an under pass, or overpass, ar•e required as determined by the findings of subsequent monitoring and analysis, the applicant shall provide the improvements to the extent of the project's projected traffic impacts in conformance with the requirements of the State Department of Transportation, Highways Division. (3) All internal roadways within the proposed development shall be constructed in accordance with the Resort Standards or other applicable provisions of the Zoning Code and the Subdivision Code. (4) A roadway connection to the adjacent property along the southwestern boundary shall be provided meeting with the approval of the Department of Public Works. (5) No lots shall have direct access from the Queen Kaahurnanu Highway except through an access point approved by the State Department of Transportation. STATUS: The applicant acknowledges subparagraphs 1, 3, 4, and 5 of this condition. With regard to subparagraph 2, the applicant submitted a proposed monitoring plan to the State Department of Transportation on March l~, 2002. PD (O). Drainage Study A detailed drainage study shall be prepared and submitted for review and approval to the Department of public works prior to submittal of plans for Subdivision and/or Plan Approval review of the residential, commercial and golf courses subdivisions. The Study shall take into consideration the the drainage system, retention basins and reduced turfi design to be incorporated into the golf courses. A drainage system for each phase of development in the project area shall be installed meeting with the approval of the Department of Public Works, prior to issuance of Final Subdivision Approval, a Certificate of Occupancy or golf course opening, whichever occurs first. STATUS: The applicant acknowledges this condition. -3- PD (P). Emergency and Preparedness Response Plan An Emergency Preparedness and Response Plan shall be submitted for review by the Planning Department in consultation tivith the Fire Department and the Civil Defense Agency prior to the issuance of a Certificate of Occupancy for any residential unit. The plan shall be limited to a review of the emergency roadway network and emergency contact people or association. STATUS: The applicant acknowledges this condition. PD (Q). Solid Waste Management Plan A Solid Waste Management Plara shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision approval. Approved recommendations afid mitigation measures shall be implemented in a manner meeting with the approval1 ofthe Department of Public Works. STATUS: The applicant acknowledges this condition. PD (R). Wastewater Treatment System A wastewater treatment system shall be constructed to service the residential and commercial developments meeting with the approval of the Department of Health. STATUS: The applicant acknowledges this condition. PD (S). Comprehensive Public Access Plan A final comprehensive public access plan, to be developed in consultation with community groups and in accordance with applicable conditions of approval of the land Use commission Decision and Order (Docket No. A93-701), shall be submitted to the Planning Director and shall include mauka-makai and lateral shoreline accesses, description of trail width and surfacing, parking area(s), signage, emergency response considerations, restrictions on use (if any), provision of recreational and restroom facilities at appropriate locations, and related improvements. Implementation of the public access plan shall be completed with the opening of the golf course. STATUS: The applicant acknowledges this condition. PD (T). Affordable Housing To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply tivith the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing. This requirement shall be approved by the County Housing Agency prior to Final Subdivision Approval of any portion of the residential area. STATUS: The applicant acknowledges this condition. PD (U). IRMP The integrated Resources Management Plara dated June 1998 or any amendments approved thereafter by affected agencies shall be made a part of this ordinance as Appendix A. The implementation recommendations and management guidelines shall govern the use of the Coastal Planning Area and other resources. STATUS: The applicant acknowledges this condition. -4- PD (V)..4rchaeological Remains Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the State Department of Land and Natural Resources- Historic Preservation Division (DLNR-HPD) and the Hawaii Island Burial Council, if applicable, shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance form the DLNR-HPD and/or the burial Council when it is found that sufficient mitigative measures have been taken. STATUS: The applicant acknowledges this condition. PD (~6'). Fair-Share Contributions for Regional Ianpacts The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sari calculated in the same manner according to the number of proposed residential lots in each such increrraent. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $4, 645.29 per multiple family residential unit and $7,239.16 per single family residential unit. 14ased upon the applicant's representation of intent to develop up to 1,030 residential units, the indicated total of fair share contribution for 500 multiple- family residential units is $2,322,645.00 and 530 single family residential units is $3,836,754.80 whichever is applicable. However, the total amount shall be increased or reduced in proportion with the actual number of aenits according to the calculation and payment provisions set forth in this Condition W. The fair share contribution shall be allocated as set forth in Exhibit C/ STATUS: The applicant acknowledges such payments will be made at the time of residential subdivision or plan approval for commercial development. PD (X) Assesstaaent of Ianpact Fees Should the Council adopt a Unified Impact Fee 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 Fee Ordinance. STATUS: The applicant acknowledges this condition. PD (Y). ~dppdicable Laws, Rules and Regcclations Comply with all other applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property. STATUS: The applicant acknowledges this condition. -5-