2024-06-20 PL-BOA-2024-000104 1250 OCEANSIDE, LLC PL-INT-2024-007028 Record on Appeal

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Honorable Judge Wendy M. DeWeese, stayed the aforementioned case in order for this administrative body to provide input as to the certain issues involved in the Civil Action, and to the extent that the County may believe might be helpful. The filing of this Petition in no way constitutes a waiver of any claims or allegations made in the Civil Action, all of which are hereby specifically reserved and not waived. IV. DESIGNATION OF THE SPECIFIC PROVISION, RULE, OR ORDER IN QUESTION TOGETHER WITH A STATEMENT OF THE CONTROVERSY INVOLVED A. Determine whether the Planning Director has the authority to determine—under the HRS, Hawaii Charter, County Code, and the Development Agreement—whether Oceanside is currently in compliance with the terms of the Development Agreement. Section 49 of the Development Agreement states that if, during annual review, "the Planning Department finds compliance by OCEANSIDE with the terms of this Agreement, the Planning Department shall issue a certificate of compliance[.]" B. Determine whether the Planning Director has the authority—under the HRS, Hawaii Charter, County Code and Development Agreement—to determine material breaches of the Development Agreement. Under Hawaii County Code 30-6, [i]f, at any time, the office of the mayor finds and determines that the principal has committed a material breach of the terms or conditions of the agreement,the office of the mayor shall serve notice in writing, within thirty days after the finding of a material breach, upon the principal setting forth with reasonable particularity the nature of the breach and evidence supporting the finding and determination, and providing the principal a reasonable time period in which to cure such material breach the mayor, whose actions may not be reviewed by the Board of Appeals, and not the Planning Director, is charged with determining material breaches. H H 5 843682 7