2024-10-11 Exh B Transcript 1250 OCEANSIDE LLC (PL-BOA-2024-000104 & 105)

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SIMON: Thank you, I'll try to hurry up. Real quick, outline of what's been appealed. These are issues specific to the Oceanside order, that's appeal number PL-BOA-2024-000105. We believe there are some requests the Planning Director determine he could rule upon but failed to answer. He determined he could not issue any declaratory rule on the development agreement. He determined that certain request sought the review of prior Planning Department action, and we also feel the Planning Director went ahead and issued some rulings that were not requested by Oceanside, which we contend he lacks authority to do. Three issues,these are the three kind of overlapping issues in both orders.It's a question of whether one of the ordinances requires dedication of these roadways we've been talking about. Whether the Planning Director qualified the dedication of that—the 2012 dedication of the Mauka Haleki`i extension, I think there's been some clarity since then, we'll talk about later. And then, finally whether the Director ruled that the roads have not been constructed as required under the ordinances. I just want to close with a couple quick points, I know I'm short on time and I'll be quick, but I want to make sure we're clear about what this appeal is not about. Oceanside's not seeking to deny the public access. Annually about, between eight and ten thousand people visit the shoreline park, which is accessed through Hokuli'a via a public access easement. That's been in place for over twenty years. Last year alone is just shy of ninety-two hundred of people that visited the park, and Oceanside is not here in an attempt to shirk its obligations. It's mindful of what it owes to the community, it's simply here to get clarity and guidance from the Planning Director and ultimately this Board before we return to court. So, we can get some clarity and guidance. What are we asking for today, we think that the most appropriate course of action would be to remand both orders to the Planning Director. Answer some of our questions, correct some other errors, and then we can proceed forward and we're of course mindful the Board has the authority to do that itself as well. Thank you all very much. LEWIS: Thank you very much. All right, so intervenors then. MURAKAMI: Thank you. LEWIS: Thank you. WAN: I'm sorry, before we move on to the intervenor. Can you please, appellant, can you please provide those slides to the Board after this hearing is SIMON: Yeah absolutely, I was working on them last night, so I didn't have time to file them, but I'll get them filed. WAN: Thank you. Sorry, I didn't mean to interrupt. MURAKAMI: The Coupe family has owned the land south of Hokuli`a for generations.Hokuli`a's gated community had the potential to disrupt north and south access forever, so in 1996,the County included in 96-7 and 96-8 the requirement to build roads and dedicate them to the County for public use. Oceanside had the same requirement for the bypass highway and the Coupe family and others lost lands to build Hokuli`a's road. That bypass road was ultimately built and dedicated to the County. EXHIBIT B Page 6