2024-10-04 Planning Director Pre-Hearing Brief (PL-BOA-2024-000104 & 105)

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Ordinance 96-7, Conditions M(4) and M( 5), require that"[p]rior to the issuance of Final Subdivision Approval for any portion of subject property", the applicant shall "construct" the Mauka Halekii Extension and Makai Halekii Extension and "provide"the Connector Road, and the phasing of the same shall be approved by DPW. Ordinance 96-7, Condition K, requires that, "prior to final subdivision approval, or any land alteration activity,"a"final comprehensive public access plan shall be developed"and include, inter alia, "public mauka-makai and lateral shoreline accesses." Ordinance 96-7, Condition L,requires the right to public access and recreational use of the Project's privately owned coastline park and trails be conveyed to the County by way of a perpetual easement. Condition L specifically requires the applicant to retain fee simple ownership of the shoreline park and,to the extent any roadway,trail or other rights-of-way become deemed a public highway or trail under HRS Ch. 264, Condition L shall no longer be applicable. Ordinance 96-8, Conditions L(4)and L(5), also require the construction of certain roadway improvements prior to the issuance of final subdivision approval for any portion of the Project,including construction of the Mauka Haleki`i Extension,Makai Haleki`i Extension and the Connector Road. Ordinance 96-8, Condition M, requires all roadway improvements stated in Ordinance 96-8, Condition L, be dedicated to the County. Taken in their entirety, the Ordinances' roadway and public access requirements expressly require the Mauka Haleki`i Extension, Makai Haleki`i Extension and Connector Road be dedicated to the County. Council accepted the dedication of the Mauka Haleki`i Extension on November 9, 2012. Council's acceptance of the Mauka Haleki`i Extension under Resolution 317-12 was a legislative act which received input from DPW. The Director neither had nor has authority over Resolution 317-12. To the extent the Mauka Halekii Extension was effectively dedicated, such dedication adequately satisfied those portions of ordinance 96-7,Condition M(4), and Ordinance 96-8, Condition L(4), applicable to the Mauka Haleki i Extension. As noted above, the Ordinances' roadway improvement conditions were initially satisfied by the original Developer's agreements and bonds pursuant to HCC §§ 23-81, 23-82, and 23-83, which allowed the issuance of final subdivision approval based on the construction assurances provided in the agreements and secured by the bonds. The agreements have not been satisfied and the bonds are no longer valid or enforceable. Thus, Oceanside has not fully satisfied the Ordinances'roadway improvement and dedication requirements because the Makai Haleki`i Extension and Connector Road have not been dedicated to the County. In order to comply with the Ordinances, Oceanside must construct the Makai Halekii Extension and Connector Road to a condition approved by DPW and dedicate the Makai Halekii Extension and Connector Road to the County. PL-BOA-2024-000104, Record on Appeal ("ROA #104) at 903-905. 16