2024-05-28 PL-BOA-2024-000105 Petition (1250)_v1

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express construction standards for these roadways; or whether a roadway subject to a properly granted variance from Hawaii County Code ("HCC") §§ 23-86 and 23-95 can be in full compliance with HCC Chapter 23. The Planning Director's failure to rule upon these Requests — after acknowledging that they were within his jurisdiction under PD Rule 3 —was not grounded in HRS § 91-8 or any provision of PD Rule 3, and was therefore an abuse of discretion. 2. The Planning Director Erred by Not Issuing the Declaratory Rulings on these Requests Set Forth in Oceanside's Petition. The Planning Director further erred by not issuing the declaratory rulings on the above Requests set forth in Oceanside's Petition. Oceanside requests that the BOA either modify the Declaratory Order to issue the declaratory rulings on these Requests set forth in Oceanside's Petition, or remand the matter back to the Planning Director to do the same. a. Dedication Requirements, Request 1. Dedication Requirements, Request 1 asked the Planning Director to issue a declaratory ruling on "[w]hether the express terms of Ordinance No. 96-7 require the dedication of the Mauka Haleki`i Extension, Makai Haleki`i Extension, or Connector Road[.]" See Exhibit 2 at 13. As explained in Oceanside's Petition, the answer to this Request is no. Id. at 16-17. The word"dedicate" (or any variation thereof) appears nowhere in Ordinance No. 96-7. See Wells Fargo Bank, N.A. v. Omiya, 142 Hawai`i 439, 449, 420 P.3d 370, 380 (2018) (internal citations omitted) ("The fundamental starting point of statutory interpretation is the language of the statute itself,' and `where the statutory language is unambiguous, our duty is to give effect to its plain and obvious meaning.'). Nor does Ordinance No. 96-7 incorporate by reference any of the requirements of Ordinance No. 96-8. See Exhibit 3,passim. Simply put, there is no requirement under the express terms of Ordinance No. 96-7 that the roadways required under Conditions M(4) and M(5)be dedicated to the County. 4860-3160-4157.3.051730- 00058 11