2026-02-27 PL-BOA-2024-000104 Coupe Family's Response to 1250 Oceanside's Objections - Proposed Amended FOF-COL

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Proposed Conclusions of Law Objections Coupe Family's Response: To the extent that this COL may reference the appeal in PL- BOA-2024-000105, the Board may consider removing it for clarity. Coupe Family submits that any confusion or alleged issues presented by the Proposed Decision and Order will be resolved by incorporating Coupe Family's suggested edits. For the reasons set forth in Oceanside's 12.Having considered the testimony and Petition for Appeal and its Hearing Brief, evidence provided, including the as well as the evidence, testimony, and submitted exhibits, the Board argument adduced at the hearing, all of unanimously concluded that in issuing which is hereby incorporated by reference, his Order, the Planning Director in Oceanside objects to Proposed COL 12 on issuing the order did not clearly err, was the grounds that the BOA's decision to not arbitrary or capricious, nor did he affirm the Declaratory Order goes against abuse his discretion. Therefore, the the weight of the evidence and applicable Board affirmed Zen do Kem, Planning law, and constitutes reversible error. Director, County of Hawai`i's Declaratory Order in the Matter of C & J Coupe Family Limited Partnership, Petitioner, Docket No. 24-0001. Coupe Family's Response: This objection again attempts to reargue the matters before the Planning Director and is thus beyond the scope of this proceeding. This COL contains the Board's reasoning for its decision. To that end, it is both relevant and unobjectionable. iI. PROPOSED SUPPLEMENTAL EDITS A. Findings of Fact l. At the end of Paragraph 1: Add "BOA Record on Appeal ("ROA") at 1- 890." 2. At the end of Paragraph 2: Add"ROA at 894906." 3. in Paragraph 3, replace subsection "a" with the language used in the Remand Order so that it reads, "The Director erred by ruling that Ordinance No. 96-7 requires the dedication of three roadways because no such requirement is contained within Ordinance No. 96- 7." Add"ROA at 9752259" at the end of the first sentence. Add "ROA at 988-92" to the end of the paragraph. 15