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

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Coupe's fatalistic hyperbole is both unnecessary and misleading. In reality, the issues involved in this appeal are far narrower and less sinister than Coupe suggests. For example, Oceanside has appealed only a portion of the Planning Director's ruling that"[t]aken in their entirety, the Ordinances' roadway and public access requirements expressly require the Mauka Halekii Extension, Makai Halekii Extension and Connector Road to be dedicated to the County." Specifically, Oceanside has appealed only the Planning Director's ruling that Ordinance No. 96-7 requires dedications of the roadways, where the word "dedicate" (or any variation thereof) is found nowhere is Ordinance No. 96-7. At no point before the Circuit Court or in this appeal has Oceanside challenged the dedication obligations under Ordinance No. 96-8, as Coupe seemingly suggests. Oceanside also appealed only a portion of the Planning Director's ruling that"[t]o the extent the Mauka Halekii Extension was effectively dedicated, such dedication satisfied those portions of Ordinance 96-7, Condition M(4), and Ordinance 96-8, Condition L(4), applicable to the Mauka Haleki`i Extension." Specifically, while Oceanside agrees with and has not appealed the Planning Director's ruling that the dedication of the Mauka Haleki`i Extension satisfied the requirements of the Ordinances, Oceanside has appealed the qualification the Planning Director seemingly put on the dedication. Oceanside has also appealed the Planning Director's ruling that"[i]n order to comply with the Ordinances, Oceanside must construct the Makai Haleki`i Extension and Connector Road to a condition approved by DPW . . . ." Exhibit 1 at 12. In its appeal, Oceanside points to the fact that the Ordinances do not set explicit construction standards for these roadways; that all three roadways were constructed to plans approved by DPW; and that all three roadways are subject to the Variance, which provided relief from certain requirements under the Hawai`i 4885-9189-8831.1.051730- 000584