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

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archaeological and cultural sites within Hokuli`a are actively monitored and maintained by the Hokuli`a Parks and Cultural Sites Association, which is funded by Hokulia's membership dues. The Shoreline Park(which is being developed in five phases) has been opened to the public since 2002 and is also maintained by the Hokuli`a Parks and Cultural Sites Association. Public access to the Shoreline Park is guaranteed in perpetuity pursuant to a public access easement in favor of the County. Ex. 104-14; Ex. 105-13. Oceanside has completed the improvements required for the Shoreline Park by the Comprehensive Public Access Plan for Phases 1 through 4, and improvements for Phase 5 are underway. Oceanside has also obtained permitting for a new public restroom facility with twenty-eight parking stalls. On December 12, 2016, Oceanside dedicated a 2.273-acre parcel abutting the north side of the Kona Scenic Park to the County. Ex. 104-17; Ex. 105-16. That land is now being used to provide much needed off-street parking for the public. As of August 23, 2012, the Planning Department confirmed that the total balance of fair share credits for Hokuli`a was $8,641,127.12. Oceanside is in the process of obtaining an updated total balance of fair share credits. C. Coupe's Lawsuit. On March 31, 2023, Coupe filed its lawsuit against the County and Oceanside. Ex. 104- 7; Ex. 105-6. Coupe's Complaint alleges that Oceanside has failed to comply with, and the County has failed to enforce, the Ordinances and Development Agreement. On September 15, 2023, the Circuit Court ruled that Coupe was required to first seek a formal determination from the County on Oceanside's compliance with the Ordinances and the Development Agreement. Exs. 104-8a & 104-8b; Exs. 105-7a & 105-7b. As a result, the Circuit Court stayed Coupe's lawsuit and ordered Coupe to complete the County's declaratory ruling process. IV. LEGAL STANDARD The BOA has the power to reverse, modify, or remand a decision by the Planning 4881-6366-3335.6.051730-00058 12