2024-07-15 1250 Oceanside LLC Position Statement on Petition to Intervene PL-BOA-2024-000109 (105)

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of Oceanside's requested rulings improperly sought review of past agency action. Third, Oceanside has appealed the Planning Director's determination that he cannot issue declaratory rulings on the interpretation of the Development Agreement. Fourth, Oceanside has appealed certain rulings the Planning Director seemingly made sua sponte and not in response to any of Oceanside's requested declaratory rulings. Fifth, Oceanside has appealed several of the Planning Director's substantive rulings that Oceanside believes were made in error. For example, Oceanside has appealed a portion of the Planning Director's ruling that"[t]aken in their entirety, the Ordinances' roadway and public access requirements expressly require the Mauka Halekii Extension, Makai Halekii Extension and Connector Road to be dedicated to the County." Specifically, Oceanside has appealed only the Planning Director's ruling that Ordinance No. 96-7 requires dedications of the roadways, where the word "dedicate" (or any variation thereof) is found nowhere is Ordinance No. 96-7. At no point before the Circuit Court or in this appeal has Oceanside challenged the dedication obligations under Ordinance No. 96-8, as Coupe seemingly suggests. Oceanside also appealed only a portion of the Planning Director's ruling that"[t]o the extent the Mauka Halekii Extension was effectively dedicated, such dedication satisfied those portions of Ordinance 96-7, Condition M(4), and Ordinance 96-8, Condition L(4), applicable to the Mauka Haleki`i Extension." Specifically, while Oceanside agrees with and has not appealed the Planning Director's ruling that the dedication of the Mauka Haleki`i Extension satisfied the requirements of the Ordinances, Oceanside has appealed the qualification the Planning Director seemingly put on the dedication. Oceanside has also appealed the Planning Director's ruling that"[i]n order to comply with the Ordinances, Oceanside must construct the Makai Haleki`i Extension and Connector 4874-1139-8863.1.051730- 00058 4