2024-12-03 1250 Oceanside LLC Objection to Proposed FOF, COL, D&O (PL-BOA-2024-000105)

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County. See Video of Hearing starting at 1:41:55 (direct examination); id. starting at 2:12:55 (cross examination by Intervenor's counsel). 33. The Planning Director's testimony on Dedication Requirements, Request 2 is not reflected in the Declaratory Order, and therefore the BOA finds that the Planning Director failed to issue a declaratory ruling on Dedication Requirements, Request 2 in the Declaratory Order. 34. When asked to find where in the Declaratory Order the Planning Director answered Construction Standards, Request 1, the Planning Director was unable to locate his answer and ultimately testified: "Well, I don't think it's in there." See Video of Hearing starting at 1:42:40 (beginning of testimony regarding Construction Standards, Request 1); id. at 1:49:10 (testifying"Well, I don't think it's in there."). 35. The BOA finds that the Planning Director failed to issue a declaratory ruling on Construction Standards, Request 1 in the Declaratory Order. 36. When questioned about Construction Standards, Request 2, the Planning Director was unable to locate his response in the Declaratory Order, refused to answer the question directly on the witness stand, and would only state that he stands "by our written statement" and is "standing on my written statement." See Video of Hearing starting at 1:50:15 (beginning of testimony regarding Construction Standards, Request 2); id. at 1:51:25 (testifying that he stands by"our written statement."); id. at 1:52:25 (refusing to answer whether the Ordinances reference HCC §§ 23-86 and 23-95, and instead stating "that is why I am standing on my written statements here."). 37. The BOA finds that the Planning Director failed to issue a declaratory ruling on Construction Standards, Request 2 in the Declaratory Order. 38. Following Oceanside's counsel's questioning of the Planning Director about 16 4897-0598-6819.1.00DBS 1-00001