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

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Construction Standards, Request 2, the BOA Chair instructed Oceanside's counsel to move on from the line of questioning and to not ask the Planning Director any further questions regarding his specific responses to each of the eight Requests he determined to be within his jurisdiction under PD Rule 3 or where his responses to each Request could be found in the Declaratory Order. See Video of Hearing starting at 1:52:55. 39. The BOA finds that the Planning Director failed to issue declaratory rulings on the following Requests in the Declaratory Order: Construction Standards, Request 5; Variances Under Chapter 23, Request 3; Variances Under Chapter 23, Request 4; and Variances Under Chapter 23, Request 5. DECLARATORY RULINGS ON DEVELOPMENT AGREEMENTS 40. The Planning Director testified that under Office of the Mayor Rule 1 (Development Agreements) ("Mayor Rule 1"), the Planning Department was delegated the responsibility to administer development agreements on behalf of the County. See Video of Hearing starting at 1:54:25; see also Exhibit 11 (Mayor Rule 1). 41. The Planning Director testified that, as part of carry out its delegated responsibilities under Mayor Rule 1, the Planning Department interprets the provisions of development agreements and applies their requirements to facts, including for the purpose of determining compliance. See Video of Hearing starting at 1:56:00. 42. The Planning Director testified that the Declaratory Order includes statements as to the effect and requirements of the Development Agreement. See Video of Hearing starting at 1:56:25 (beginning of questions); id. at 1:59:40 (testifying that "I agree it is written down here in the background section."). 43. The Planning Director's interpretation of the Development Agreement was one 17 4897-0598-6819.1.00DBS 1-00001