2024-09-18 Planning Director Exhibit List (PL-BOA-2024-000104)

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be dedicated to the County. Council accepted the dedication of the Mauka Haleki`i Extension on November 9, 2012. See Resolution 317-12. Council's acceptance of the Mauka Haleki`i Extension under Resolution 317-12 was a legislative act which received input from DPW. The Director neither had nor has authority over Resolution 317-12. To the extent the Mauka Haleki`i Extension was effectively dedicated, such dedication adequately satisfied those portions of Ordinance 96-7, Condition M(4), and Ordinance 96-8, Condition L(4), applicable to the Mauka Haleki'i Extension. As noted above, the Ordinances' roadway improvement conditions were initially satisfied by the Original Developer's agreements and bonds pursuant to HCC §§ 23-81, 23-82, and 23-83, which allowed the issuance of final subdivision approval based on the construction assurances provided in the agreements and secured by the bonds. The agreements have not been satisfied and the bonds are no longer valid or enforceable. Thus, Oceanside has not fully satisfied the Ordinances'roadway improvement and dedication requirements because the Makai Haleki`i Extension and Connector Road have not been dedicated to the County. In order to comply with the Ordinances, Oceanside must construct the Makai Haleki`i Extension and Connector Road to a condition approved by DPW and dedicate the Makai Haleki`i Extension and Connector Road to the County. IV. REQUEST FOR PUBLIC HEARING Planning Rule 3-2 requires that: [A]ny petitioner or party in interest who desires a hearing on a petition for a declaratory ruling shall submit a written request for a hearing, setting forth in the request the reasons why the matters alleged in the petition and the supporting material submitted will not permit the fair and expeditious disposition of the petition and,to the extent that such request for a hearing is dependent upon factual assertion, shall attach to the request an affidavit establishing such facts. 12 EXHIBIT A 905