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

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Development Agreement is directly contradicted by his own statements in the Orders, including: • "[T]he Ordinances and other land use regulations applicable to the Project were `locked in" as of the date of the Development Agreement for a period of thirty years." • "[T]he Development Agreement required the Original Developer to post a bond in favor of the County to assure that improvements relating to various roadway requirements would be constructed . . . . Development Agreement § 13(b)." Ex. 104-1 at 1-2; Ex. 105-1 at 1-2. If the Planning Director has authority to make statements as to the effect and requirements of the Development Agreement in the Orders, he also has authority to respond to Oceanside's Requests asking him to do the same. The Planning Director's interpretation of the Development Agreement is one of the central issues the court ordered the parties to seek. See Ex. 105-7a at 5, 715(a)(d) & (e); Ex. 105-7b at 5, ¶4(d) & (e). Oceanside requests that the BOA remand the matter back to the Planning Director with instructions to modify the Oceanside Order to issue the declaratory rulings on these Requests set forth in Oceanside's Petition, or modify the Oceanside Order itself. C. Planning Director's Ruling that Requests Sought Review of Prior Action. In the Oceanside Order, the Planning Director refused to issue declaratory rulings on seven Requests on the grounds they"improperly seek review or affirmance of a past Department action, i.e., the issuance of Planning Variance 10-027 . . . , which is no longer appealable." Ex. 105-1 at 8; see also Section II(A) (table summarizing Requests). While Oceanside agrees with— and has not appealed—the Planning Director's ruling that the Variance is no longer appealable, these Requests did not seek the "review or affirmance" of the Variance. Rather, each sought the Planning Director's interpretation of provisions of the County Code as of a specific date. Petitions for declaratory rulings are intended for situations "where the applicability of relevant law is unknown, either because the agency has not yet acted upon particular factual circumstances, or for some other reason the applicability of some provisions of law have not 4881-6366-3335.6.051730-00058 21