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

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Revise the sentence starting with"Planning Director did not err", to read: "Planning Director did not err, and acted within his discretion in not answering on the effect of Ord. 96-7 alone and rather construed the effect of Ord. 96-7 and Ord. 96-8 together." 15. The new Paragraph 18 reads as follows: "The Planning Director correctly identified questions that sought a review of actions of the Hawaii County Council, and matters under the jurisdiction of a different department, Department of Public Works." 16. The new Paragraph 19 reads as follows: 19. Where the Director has discretion to issue declaratory rulings under the PRPP, his decision not to issue declaratory rulings on certain questions put to him because they are outside of the bounds of his authority is a valid and proper exercise of said discretion. Planning Director was correct in his determination that these questions were outside of the scope of his discretion as a matter of law and acted properly in declining to issue declaratory rulings on them. 17. Paragraph 16 becomes the new Paragraph 20: After the first sentence, add "ROA at 903-05." Add "Id." at the end of the paragraph. Tt will read as follows: 20. The Planning Director did not rule that any roadway is not constructed as required. ROA at 903-05. The Planning Director ruled the roadways in question must be constructed to a condition approved by DPW, which does not take a position on whether or not any roadway is or was currently approved by DPW, and instead leaves those determinations to DPW and the Hawai'i County Council. Id. 18. Paragraph 17 becomes the new Paragraph 21 and reads as follows: "The Board finds that the Order addressed the questions raised by the Appellant in its appeal, even if the Planning Director did not provide the level of clarity or specifics desired by the Appellant." 19