2024-12-03 1250 Oceanside LLC Objection to Proposed FOF, COL, D&O (PL-BOA-2024-000104)

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6. The Planning Director's discretion in considering and disposing of petitions for declaratory rulings is circumscribed by PD Rule 3, and when the Planning Director acts outside of the parameters of PD Rule 3, he commits clear error and acts without discretion, arbitrarily and capriciously, and in violation of the law. See id. ("In this case, DPP Rule § 3-5 governs DPP refusals to issue a declaratory ruling,making that decision discretionary with the DPP Director, within the parameters of five enumerated reasons."). INTERPRETATION OF ORDINANCE NO. 96-7 7. "When interpreting county charters, municipal ordinances, and administrative rules, the general principles of statutory construction apply." Robert D. Ferris Trust v. Planning Comm'n of Cnty. of Kauai, 138 Hawai`i 307, 310, 378 P.3d 1023, 1026 (Ct. App. 2016); see also Foster Vill. Cmty. Ass'n v. Hess, 4 Haw.App. 463, 469, 667 P.2d 850, 854 (1983). 8. "The fundamental starting point of statutory interpretation is the language of the statute itself, and where the statutory language is unambiguous, our duty is to give effect to its plain and obvious meaning. To effectuate a statute's plain language, its words must be taken in their ordinary and familiar signification, and regard is to be had to their general and popular use." Wells Fargo Bank, N.A. v. Omiya, 142 Hawai`i 439, 449, 420 P.3d 370, 380 (2018) (citations and quotation marks omitted). 9. Ordinance No. 96-7 does not require the dedication of the Mauka Haleki`i Extension, Makai Haleki`i Extension, or Connector Road. The Planning Director clearly erred, abused his discretion, and acted arbitrarily, capriciously, and in violation of the law by ruling otherwise in the Declaratory Order. DEDICATION OF THE MAUKA HALEKI`I EXTENSION 10. The 2012 dedication of the Mauka Haleki`i Extension pursuant to County Council 16 4860-2001-2538.2.051730-00058