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2025-08-18 3CCV-25-0000025 Findings of Fact, Conclusions of Law, and Order Vacating and Remanding to BOA (PL-BOA-2024-000104)
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PL-BOA-2024-000104 1250 Oceanside, LLC (PD)
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2025-08-18 3CCV-25-0000025 Findings of Fact, Conclusions of Law, and Order Vacating and Remanding to BOA (PL-BOA-2024-000104)
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Oceanside's Appeal to the BOA <br /> 28. On May 28, 2024, Oceanside filed its General Petition for Appeal of <br /> Decisions by Planning Director or Public Works Director ("Board Appeal") with the BOA <br /> appealing the Director's Declaratory Ruling. Dkt. 17, ROA at 0001-0017. <br /> 29. In its appeal, Oceanside argued that the Declaratory Order should be <br /> either modified by the BOA or reversed and remanded because: <br /> a. The Director erred by ruling that Ordinance No. 96-7 requires the <br /> dedication of three roadways because no such requirement is <br /> contained within Ordinance No. 96-7; <br /> b. The Director erred by seemingly qualifying the 2010 dedication of the <br /> Mauka Haleki'i Extension and corresponding satisfaction of the <br /> Ordinances' conditions related to the roadway; and <br /> c. The Director erred by ruling that the Makai Haleki'i Extension and <br /> Connector Road have not been constructed as required under the <br /> Ordinances because (1) both roadways were constructed pursuant to <br /> plans approved by DPW and are covered by the Variance, and (2) the <br /> Director lacks authority to rule upon the sufficiency of the roadways for <br /> dedication. <br /> Dkt. 17, ROA at 0012-0016. <br /> 30. On July 3, 2024, Coupe filed a Petition to Intervene in Oceanside's <br /> appeal, which the BOA granted after holding a hearing on August 9, 2024. Dkt. 109, <br /> ROA at 3573-3575. <br /> 14 <br />
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