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

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Oceanside, recorded in the State of Hawaii Bureau of Conveyances on April 30, 1998 (the "Development Agreement") and County of Hawaii Ordinance No. 96-07 and 96-08 which were incorporated into the Development Agreement("Incorporated Ordinances"). Specifically, Petitioner requests the Department to issue declaratory ruling as to the following: 1. 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. 2. 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. 3. Determine which County official, if any, has the power to excuse a breach of the Development Agreement. 4. Whether Oceanside has, within the timeframe allotted, completed the following: a. designed and constructed/built the roads required under the Development Agreement and Incorporated Ordinances; and b. dedicated the roads required under the Development Agreement and Incorporated Ordinances. 5. Whether Resolution No. 317-12 ("Resolution") and the Variance 10-027 ("Variance") improperly amended the Development Agreement and Incorporated Ordinances. 6. Whether Variance is unlawful, impermissible, and not authorized under Hawaii law. 7. Whether Petitioner received notice of the Variance, as required under the express dictate of County law. 8. Whether obligations in a development agreement can be excused by Variance under the Hawaii Constitution, HRS, Hawaii Charter, County Code, and Development Agreement. 9. Determine whether the Resolution, as an improper attempt to amend the Development Agreement and Incorporated Ordinances, required notice to Petitioner which was not provided. 2 843682 4