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That said, Oceanside objects to Proposed COL <br /> 6 on the grounds that PD Rule 3-1(c) is not <br /> simply a"timing"rule. Although PD Rule 3- <br /> 1(c) does set a deadline for the Planning <br /> Director to respond to petitions for declaratory <br /> ruling, it also constrains the Planning Director's <br /> discretion by limiting the ways in which the <br /> Planning Director can respond. By its plain <br /> terms, PD Rule 3-1(c)mandates that the <br /> Planning Director respond in one of three ways: <br /> (a) "deny the petition in writing, stating the <br /> reasons for such denial;" (b)"issue a declaratory <br /> order on the matters contained in the petitions;" <br /> or (c) "set the matter for a public hearing, as <br /> provided in Sections 3-2, 1 and 1 of the <br /> PD Rules. Presumably, the Planning Director <br /> can also respond through some combination of <br /> the three. <br /> 7. Hawai`i County Code ("HCC") Section n/a <br /> 25-2-23 [Standard of Review],provides <br /> that: <br /> The board of appeals may affirm the <br /> decision of the director, or it may <br /> reverse or modify the decision or <br /> remand the decision with appropriate <br /> instructions if based upon the <br /> preponderance of evidence the board <br /> finds that: <br /> (1) The director erred in its decision; or <br /> (2) The decision violated this chapter-or <br /> other applicable law; or <br /> (3) The decision was arbitrary or <br /> capricious or characterized by an abuse <br /> of discretion or clearly unwarranted <br /> exercise of discretion. <br /> 8. Board of Appeals Rules of Practice and n/a <br /> Procedures, Rule 8-4(4)requires that a <br /> general petition for an appeal must <br /> include: <br /> 15 <br /> 4906-3356-8652.1.051730-00058 <br />