2024-05-28 PL-BOA-2024-000104 Petition (Coupe Order)_v1

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Coupe filed its Initial Petition on February 7, 2024, and its Supplemental Petition on March 27, 2024. Exhibit 2; Exhibit 3. In the interim, Oceanside's Petition was filed on February 28, 2024 ("Oceanside's Petition"). On April 29, 2024, the Planning Director issued separate Declaratory Orders on both Coupe's Petitions and Oceanside's Petition. The Declaratory Order on Oceanside's Petition is the subject of a separate appeal filed concurrently with this appeal. V. LEGAL STANDARD The BOA has the power to reverse, modify, or remand a decision by the Planning Director if the BOA finds that the decision is: (1) In violation of the Code or other applicable law; or (2) Clearly erroneous in view of the reliable,probative, and substantial evidence on the whole record; or (3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. BOA Rule 8-15; see also BOA Rule 8-13 (BOA "shall render its decision in an appeal proceeding,by either affirming the decision appealed from, or reversing or modifying the decision, or remanding the case to the Director for further proceedings and action."). VI. ANALYSIS A. The Planning Director Erred in Ruling that Ordinance No. 96-7 Requires the Dedication of the Mauka Haleki`i Extension, Makai Haleki`i Extension and Connector Road. In the Declaratory Order, the Planning Director ruled that"[t]aken in their entirety, the Ordinances' roadway and public access requirements expressly require the Mauka Halekii Extension, Makai Halekii Extension and Connector Road to be dedicated to the County." Exhibit 1 at 11-12 (emphasis added). To the extent that the Planning Director's ruling interpreted Ordinance No. 96-7 as requiring the dedication of Mauka Haleki`i Extension, Makai Haleki`i Extension, and Connector Road, his ruling was in error. 10 4896-1786-4893.1.051730-00058