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2024-10-11 Exh B Transcript 1250 OCEANSIDE LLC (PL-BOA-2024-000104 & 105)
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2024-10-11 Exh B Transcript 1250 OCEANSIDE LLC (PL-BOA-2024-000104 & 105)
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VITOUSEK: The notification was to the individual adjacent lot owners. <br /> MURAKAMI: So— <br /> LEWIS: Okay, we'll move on from that—we'll move on from that, that was— <br /> MURAKAMI: Are you familiar with the development agreement? <br /> VITOUSEK: Development agreement discussed today. <br /> MURAKAMI: For Hokuli`a. <br /> VITOUSEK: Yes. <br /> MURAKAMI: Is Oceanside planning on dedicating the Makai Halekii extension and connector <br /> roads to the County? <br /> VITOUSEK: Oceanside plans on complying with whatever the requirements are necessary. <br /> MURAKAMI: And 96-8 is one of those requirements, correct? <br /> VITOUSEK: Correct. <br /> MURAKAMI: And that plainly requires it to be dedicated, correct? <br /> VITOUSEK: Yes. <br /> MURAKAMI: Are you aware of the timing of when that dedication was supposed to take place? <br /> Under the ordinance and development agreement. <br /> VITOUSEK: I'm unclear about the timing. <br /> MURAKAMI: What's your sense of when it should have been or when it's supposed to be done? <br /> VITOUSEK: My sense is that it would be done when there's something to connect to for some— <br /> serve some sort of regional connectivity issue. <br /> MURAKAMI: And is that sense from the documents themselves? <br /> VITOUSEK: The documents themselves don't say anything about when they're supposed to be <br /> dedicated, so the agreements that are discussed sort of seem to indicate that was the purpose of <br /> that road was to connect for public use. <br /> MURAKAMI: So, you're saying that your testimony today is that in your read of 96-7, 96-8, and <br /> the development agreement, that there is no timing requirement of when the road is to be <br /> dedicated? <br /> VITOUSEK: Yeah, we're unclear on what that timing requirement is, which is why we sought <br /> clarification. <br /> MURAKAMI: And when you say you sought clarification, can you explain what process you did <br /> to seek that clarification. <br /> VITOUSEK: We appealed a ruling by the Director of Public Works to the Board of Appeals. <br /> EXHIBIT B <br /> Page 24 <br />
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