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

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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 Halekii Extension, Makai Halekii 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 Halekii 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 The agreements have not been satisfied and the bonds are no longer valid or enforceable.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 Halekii Extension and Connector Road have not been dedicated to the County. In order to comply with the Ordinances, Oceanside must construct the Makai Haleki`i 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. Although 1250 may disagree with the Director's Declaratory Rulings of Coupe's requests, the Director's rulings are not in error, arbitrary, capricious, or in violation of the law. The Director interpreted the conditions of Ordinances 96-7 and 96-8 as applied to the Project and properly and accurately responded to the requests. 1250 asserts the Director erred in using qualifying language in ruling that the Mauka Haleki`i Extension had effectively been dedicated. The Director's language does not constitute error. Rather than qualifying the dedication of the Mauka Haleki`i Extension, the Director's language recognized that the Council effected this action not the Planning Department. See Planning Department, County of Hawai`i Rules of Practice and Procedure ("PRPP"), Rule 3.1 7