2026-04-20 Corrected Prop Amd FOF-COL; Order on Remand - Redline Suggested Edits (PL-BOA-2024-000105)

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OCEANSIDE, LLC' S OBJECTIONS TO PROPOSED AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER, filed by the Appellant on February 9, 2026, and Coupe Family's Response to 1250 OCEANSIDE, LLC' S OBJECTIONS TO PROPOSED AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER, filed by the Intervenor on February 27, 2026 and other submitted input from the parties. Those findings of fact and conclusions of law otherwise proposed by the parties that are not incorporated herein, are hereby rejected. The Board of Appeals, having held a hearing on the above-entitled matter on October 11, 2024, makes the followingfgs of fact. To the extent that these findings of fact contain conclusions of law, they shall be so considered. FINDINGS OF FACT 1. On February 27, 2024, 1250 Oceanside, LLC ("Appellant," or"1250 Oceanside") filed its Petition for Declaratory Ruling, ("Petition")requesting declaratory rulings from the Director of the Planning Department of the County of Hawaii ("Planning Director"). BOA Record on Appeal ("ROA") at 4-382. 2. On April 29, 2024, the Planning Director issued Zendo Kern, Planning Director, County of Hawai'i's Declaratory Order Jn the Matter of 1250 Oceanside, LLC, Petitioner, Docket No. 24-0002 ("Order") in response to the Petition. ROA at 383-96. 3. On May 28, 2024, Appellant filed its General Petition for Appeal of Decisions by Planning Director or Public Works Director("Appeal") with the Board of Appeals, County of Hawai'i ("Board") appealing the Planning Director's issuance of the Order. ROA at 464-1299. 1250 Oceanside argued the following points of error: 2