2024-06-20 PL-BOA-2024-000105 1250 OCEANSIDE, LLC. vs Planning Director PL-INT-2024-007099 Record on Appeal

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HCC & 23-95 (Right-of-was, improvements): "The subdivider shall be required to improve the entire street right-of-way. The improvements shall conform to the standard specifications on file with the department of public works." D. Variance No. VAR 10-027. At issue here is Variance No. VAR 10-027, approved by the Planning Director by letter dated January 31.2011. Exhibit G. The Variance granted relief from HCC § 23-86 (requirements for dedicable streets)and HCC § 23-95 (right-of-way improvement)for the Makai Haleki`i Extension, Mauka Haleki`i Extension, and Connector Road. Specifically,the Variance allowed for the "retention of existing and construction of new private 20-foot wide roadways with 50 and 60-foot wide rights-of-way within a multi-phased residential subdivision(Hokulia). The requested road section would be to omit the requirement for grading and paving of the road shoulders and replace with grassed shoulders." Exhibit G at 1. VI. STATEMENT OF THE CONTROVERSY OR UNCERTAINTY INVOLVED. At the heart of Coupe's lawsuit is whether Oceanside is in compliance with the Ordinances and, by extension,the Development Agreement. To resolve that broad question, and to ensure Oceanside has certainty as it continues to develop Hokuli`a, Petitioner requests declaratory rulings on the questions below, broken down by subject matter. To the extent the Planning Director determines that any question below, or any portion thereof, falls outside of his authority and jurisdiction under HRS § 91-8 and PD Rule 3,Petitioner requests that the Planning Director issue declaratory rulings on all remaining questions and all portions thereof that are within his authority and jurisdiction. Dedication Requirements. Coupe has asserted various allegations related to the nature and extent of the roadway dedication obligations under the Ordinances and Development 4862-5574-$005.3.051730-00058 -12 16