2024-10-04 1250 Oceanside LLC Consolidated Hearing Brief (PL-BOA-2024-000104 & 105)

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Extension, Makai Halekii Extension and Connector Road to be dedicated to the County." Ex. 104-1 at 11-12; Ex. 105-1 at 11-12. Because the Planning Director's ruling appears to at least imply that Ordinance No. 96-7 requires the dedication of these roadways, his ruling was in error. The word "dedicate" (or any variation thereof) appears nowhere in Ordinance No. 96-7. Second, in both Orders, the Planning Director ruled that "[t]o the extent the Mauka Halekii Extension was effectively dedicated, such dedication satisfied those portions of Ordinance 96-7 . . . and Ordinance 96-8 . . . applicable to the Mauka Haleki`i Extension." Ex. 104-1 at 12 (emphasis added); Ex. 105-1 at 11. Oceanside agrees with— and has not appealed— the Planning Director's ruling that the Ordinances have been satisfied in connection with the Mauka Haleki`i Extension. However, if the phrase "to the extent the Mauka Halekii Extension was effectively dedicated," is intended to qualify or otherwise limit the effect of the dedication of the Mauka Haleki`i Extension, the Planning Director's ruling was partially in error. Third, in both Orders, the Planning Director ruled 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[.]" Ex. 104-1 at 11; Ex. 105-1 at 12. The Planning Director's ruling was erroneous because the Makai Haleki`i Extension and Connector Road were constructed as part of Phase I of Hokuli`a pursuant to plans reviewed and approved by DPW. Ex. 104-11; Ex. 105-10. The Makai Haleki`i Extension and Connector Road are also subject to a variance under HCC Chapter 23, which received input from DPW. 104-ROA at 1596-1603; Ex. 105-8. Just like the Mauka Haleki`i Extension, both the Makai Haleki`i Extension and Connector Road are fully constructed and capable of being dedicated to the County. 4881-6366-3335.6.051730-00058 9