2024-10-04 1250 Oceanside LLC Consolidated Hearing Brief (PL-BOA-2024-000104 & 105)

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Haleki 'i Extension, and Connector Road. The Planning Director subsequently issued two Declaratory Orders on April 29, 2024— one addressing Coupe's Petitions ("Coupe Order") and the other addressing Oceanside's Petition ("Oceanside Order"; together, "Orders"). Ex. 104-1; Ex. 105-1. Oceanside thereafter appealed certain portions of both Orders to the BOA. IL EXECUTIVE SUMMARY AND RELIEF REQUESTED. The following sections summarize the errors Oceanside has appealed and the relief it is seeking. Because there is overlap in the Orders, the first section below addresses errors specific to the Oceanside Order, while the following section addresses errors common to both Orders. A. Summary of Errors Specific to the Oceanside Order (Appeal No. 105): The Planning Director's Failure to Answer Oceanside's Requests. Oceanside's Petition included a total of twenty-four(24) discrete requests for declaratory rulings ("Requests") from the Planning Director that should have been capable of being answered with a simple "yes" or"no." However, the Planning Director erred by failing or refusing to issue rulings on the majority of Oceanside's Requests, for the following three reasons. The BOA should remand this matter back to the Planning Director with instructions to respond to the Oceanside's Requests as set forth below, or modify the Oceanside Order itself First, although the Planning Director correctly ruled that he could render declaratory rulings on eight of Oceanside's Requests, he erred by failing to actually do so in the Oceanside Order. Compare Ex. 105-1 at 9-10, with id. at 11-12. The following table summarizes the Requests falling in this first category of error(none of which were answered by the Planning Director) and the relief Oceanside seeks: No. Request Argument and Relief Dedication Requirements 1. Whether the express terms of Ordinance The answer to this Request is No. No. 96-7 require the dedication of the The BOA should remand this matter back to the Mauka Haleki`i Extension, Makai Planning Director to issue the following ruling: Haleki`i Extension, or Connector Road? 4881-6366-3335.6.051730-00058 3