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

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been brought into consideration." CARD, 114 Hawai`i at 194-95, 159 P.3d at 153-54 (emphasis added). Oceanside's Petition specifically noted that it was being filed"to ensure Oceanside has certainty as it continues to develop Hokuli`a." Ex. 105-2 at 12. Oceanside's Requests asked the Planning Director to provide his official interpretation of specific provisions of the County Code, where those interpretations are at present unknown, subject to dispute between parties, and "ha[ve] not been brought into consideration." The Requests do not reference the Variance, much less ask the Planning Director to review or affirm the Variance. The Planning Director acted arbitrarily and capriciously, and abused his discretion in refusing to rule on these Requests. 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. D. The Planning Director Erred by Sua Sponte Issuing Declaratory Rulings that were not Requested by Oceanside. In Section III(B)(3)(c) of the Oceanside Order, the Planning Director states, inter alia, that: (a) "[b]ecause such a variance only excuses performance under Chapter 23, Variance 10- 027 cannot and does not effect an amendment of an existing ordinance;" (b) "a Chapter 23 variance cannot and does not . . . extinguish the authority of the DPW to set standards for or make determination regarding street construction standards . . . or usurp Council's authority to accept or reject the dedication of public infrastructure subject to the DPW Director's approval;" and (c) "variances provide relief only from Chapter 23's requirements: they do not relieve [Oceanside] from the Ordinance's conditions." Ex. 105-1 at 11-12. However, Oceanside's Petition did not request the Planning Director to issue declaratory rulings on these issues, including whether the Variance excused or amended the conditions imposed under the Ordinances, or whether the Variance extinguished or usurped the roles played 4881-6366-3335.6.051730-00058 22