2024-07-15 1250 Oceanside LLC Position Statement on Petition to Intervene PL-BOA-2024-000108 (104)

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• An extension of Haleki`i Street to the mauka side of the Mamalahoa Bypass Extension ("Mauka Haleki`i Extension"); • A continuation of Haleki`i Street makai of the Mamalahoa Bypass Extension ("Makai Haleki`i Extension"); and • A "stub"road running north-south laterally from the Makai Haleki`i Extension to the boundaries with the adjoining properties ("Connector Road"). While Ordinance No. 96-8 requires the dedication of these roadways, Ordinance No. 96-7 does not. Moreover, Ordinance No. 96-8 does not require the dedication of these roadways by a date certain or a milestone in the development of Hokuli`a. All three roadways were constructed long ago; the Makai Haleki`i Extension and Connector Road were constructed in 1999, and the Mauka Haleki`i Extension was constructed in 2012,pursuant to plans approved by the County Department of Public Works ("DPW"). The Mauka Halekii Extension was dedicated to the County in 2012 and has remained open to the public ever since. All three roadways are subject to Variance No. VAR 10-027, which was granted more than a decade ago, on January 31, 2011 (the "Variance"). The Variance granted relief from Sections 23-86 (requirements for dedicable streets) and 23-95 (right-of-way improvement) of the Hawai`i County Code. Specifically, the Variance allowed for the "retention of existing and construction of new private 20-foot wide roadways with 50 and 60-foot wide rights-of-way within [Hokulia] . . . . The requested road section would be to omit the requirement for grading and paving of the road shoulders and replace with grassed shoulders." The Variance was sought to minimize excessive grading in order to mitigate potential environmental hazards, and to address concerns that the grading of the steeply sloping lands within Hokuli`a, coupled with a full pavement of the right-of-way, would increase the potential for storm water runoff. On March 31, 2023, Coupe filed a lawsuit against the County and Oceanside. Coupe's lawsuit alleges that Oceanside has failed to comply with, and the County has failed to enforce, 4885-9189-8831.1.051730- 000582