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

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So long as a roadway is otherwise in compliance with Chapter 23, it can be dedicated to the County under HCC § 23-10, notwithstanding that it has been granted a variance from HCC § 23-86 and HCC § 23-95. See Sections V(A)(6) & (7),supra. B. Declaratory Rulings on Interpretation of the Development Agreement. In the Oceanside Order, the Planning Director refused to issue rulings on four Requests on the grounds that they sought interpretations of the Development Agreement. Ex. 105-1 at 8; see also Section II(A) (table summarizing Requests). The Planning Director erred in doing so. PD Rule 3-1(a) authorizes the Planning Director"to issue a declaratory order as to the applicability of any statutory provision, ordinance, or of any rule or order of the Director or the [Planning] Department." The Development Agreement was authorized pursuant to HCC Chapter 30, which directed the Mayor to "make such rules and regulations as necessary to implement [HCC Chapter 30.]" HCC § 30-4(c). Pursuant to this directive, the Mayor promulgated Mayor Rule 1, which provides that the Planning Department "shall be responsible for the overall administration of the [Development] Agreement." Ex. 105-11 (Rule 1-8). Thus, the Planning Department is the agency charged with the overall administration of the Development Agreement, which necessarily includes interpreting its provisions. Oceanside's Petition explicitly referenced Mayor Rule 1 as a specific provision, rule, or order in question, as required by PD Rule 3-1(b)(3). Ex. 105-2 at 9. Although Mayor Rule 1 was not promulgated by the Planning Department, it vests the Planning Department with authority and jurisdiction to administer and interpret the Development Agreement. Mayor Rule 1 is thus no different than any statute, ordinance, or provision of the County Code that are enacted by the legislature and County Council, but carried out and implemented by the Planning Department. This provides the Planning Director with a clear basis to render declaratory rulings. In fact, the Planning Director's determination he cannot render declaratory rulings on the 4881-6366-3335.6.051730-00058 20