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2024-12-03 1250 Oceanside LLC Objection to Proposed FOF, COL, D&O (PL-BOA-2024-000104)
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2024-12-03 1250 Oceanside LLC Objection to Proposed FOF, COL, D&O (PL-BOA-2024-000104)
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Resolution No. 317-12 fully and completely satisfied the Ordinances' requirements as they relate <br /> to the Mauka Haleki`i Extension. <br /> MAKAI HALEKI`I EXTENSION AND CONNECTOR ROAD <br /> 11. The Ordinances provide that"[r]oadway improvements . . . , including all plans <br /> and construction, shall meet with the approval of the Department of Public Works." Exhibit 4 at <br /> 15-16; Exhibit 5 at 23-26. <br /> 12. The Makai Haleki`i Extension and Connector Road were constructed pursuant <br /> plans reviewed and approved by the Planning Department and DPW. Exhibit 11. <br /> 13. DPW, and not the Planning Department, has the jurisdiction to determine whether <br /> a roadway can be accepted for dedication. <br /> 14. The Declaratory Order does not make any findings, conclusions, or <br /> determinations as to whether the Makai Haleki`i Extension and Connector Road can be dedicated <br /> in their current condition. <br /> 15. Ordinance No. 96-8 does not set a deadline, date certain, or development <br /> milestone by which the Makai Haleki`i Extension and Connector Road must be dedicated to the <br /> County. <br /> 16. The Makai Haleki`i Extension and Connector Road are fully constructed pursuant <br /> to plans DPW approved, and just like the Mauka Haleki`i Extension, both can be dedicated to the <br /> County. The Planning Director clearly erred, abused his discretion, acted arbitrarily and <br /> capriciously, and violated the law to the extent he ruled otherwise in the Declaratory Order. <br /> 17 <br /> 4860-2001-2538.2.051730-00058 <br />
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