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violation of law because, inter alia, it based upon an inaccurate, incomplete, and misleading <br /> factual history regarding the subdivision agreements and bonds. The Planning Director's ruling <br /> is also vague and ambiguous, outside of the scope of the Requests submitted, and related to past <br /> agency actions that are no longer appealable. <br /> D. The Planning Director Erred to the Extent he Ruled that the Makai Haleki`i <br /> Extension and Connector Road Have Not Been Constructed as Required <br /> Under the Ordinances. <br /> In the Declaratory Order, the Planning Director ruled that"[i]n order to comply with the <br /> Ordinances, Oceanside must construct the Makai Haleki`i Extension and Connector Road to a <br /> condition approved by DPW . . . ." Exhibit 1 at 12. To the extent that the Planning Director <br /> ruled that the Makai Haleki`i Extension and Connector Road have not been constructed as <br /> required under the Ordinances, his ruling was in error. <br /> The Ordinances provide that"[r]oadway improvements . . . , including all plans and <br /> construction, shall meet with the approval of the Department of Public Works." Exhibit 4 at 15- <br /> 16 (Ordinance No. 96-7, Condition (M)); Exhibit 5 at 23-26 (Ordinance 96-8, Condition (L)). <br /> As noted above, the Makai Haleki`i Extension and Connector Road were constructed as part of <br /> Phase I of Hokuli`a. Phase I received final subdivision approval in 1999, based on plans <br /> reviewed and approved by DPW. Exhibit 11. <br /> The Makai Haleki`i Extension and Connector Road are also subject to the Variance, <br /> which received input from DPW and provided relief from HCC § 23-86 (requirements for <br /> dedicable streets) and HCC § 23-95 (right-of-way improvements). Exhibit 9. The Variance <br /> allowed for the "retention of existing and construction of new private 20-foot wide roadways <br /> with 50 and 60-foot wide rights-of-way within" Hokuli`a and for the roadways "to omit the <br /> requirement for grading and paving of the road shoulders and replace with grassed shoulders." <br /> Id. at 1. The Makai Haleki`i Extension and Connector Road are fully constructed pursuant to <br /> 13 <br /> 4896-1786-4893.1.051730-00058 <br />