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modify the decision; or remand the decision <br /> with appropriate instructions[.]"). In fact, Vice <br /> Chair Daina "Noe" Saiki's motion at the <br /> hearing was to "affirm the decision of the <br /> Planning Director." See Video of Hearing <br /> starting at 3:11:30.1 <br /> Oceanside also objects to Proposed COL 5 on <br /> the grounds that the BOA unanimously"voted" <br /> and not"ruled" at the conclusion of the October <br /> 11, 2024 hearing. <br /> c. Specific Objections to the Planning Director's Proposed Decision and Order. <br /> Oceanside submits the following specific objections to the Planning Director's Proposed <br /> Decision and Order: <br /> PLANNING DIRECTOR'S PROPOSED OCEANSIDE'S OBJECTION <br /> DECISION AND ORDER <br /> Based on its consideration of the evidence and For the reasons set forth in Oceanside's <br /> argument presented at hearing, including the General Petition for Appeal of <br /> Record on Appeal, the documents on file herein, Decisions by Planning Director or <br /> and applying the reliable probative evidence Public Works Director filed on May 28, <br /> and law, the Board hereby Orders as follows: 2024 and its Consolidated Hearing Brief <br /> filed October 4, 2024, as well as the <br /> Appellant's appeal of the Planning Director's evidence, testimony, and argument <br /> April 29, 2024, Zendo Kern, Planning Director, adduced at the hearing, all of which is <br /> County of Hawai'i's Declaratory Order In the hereby incorporated by reference, Ocean <br /> Matter of 1250 Oceanside, LLC, Petitioner, objects to the Planning Director's <br /> Docket No. 24-0002 is DENIED. The above- Proposed Decision and Order on the <br /> captioned Board of Appeals case is dismissed grounds that the BOA's decision to <br /> with prejudice in its entirety. affirm the decision of the Planning <br /> Director goes against the weight of the <br /> evidence and applicable law, and <br /> constitutes reversible error. <br /> The Planning Director' Proposed <br /> Decision and Order also <br /> mischaracterizes the action that the <br /> BOA is authorized to take. Pursuant to <br /> BOA Rule 8-13, the BOA "shall render <br /> its decision in an appeal proceeding,by <br /> either affirming the decision appealed <br /> 1 Available at https://www.youtube.com/watch?v=ihTR95thScE. <br /> 9 <br /> 4897-0598-6819.1.00DBS 1-00001 <br />