COM 0092.028 2004-2006 - Laserfiche WebLink

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KUBOTA: Exhibit 4A is an aerial photo of Pepeekeo Mill Camp, and this is probably taken more recently. There's not a date on it, but this shows the existence of 153 camp houses. And, again, the evidence that we submitted to the Planning Director included census information that showed that as of June 30, 1944, there are, I believe, the 152 houses, I think, shown on the census information. HIATT: Okay. As you understand it, has the County ever disputed that each of these three camp subdivisions was existing and occupied prior to 1944 for each of the lots in question? KUBOTA: No, the County has not disputed that fact. HIATT: Okay. Now I'm going to go, excuse me. I want to go just for the record so that the, we're keeping up with the other exhibits that are in the 2, 3, and 4 series. Can you summarize for the Board what are the "B" series of Exhibits 2B, 3B, and 4B'? KUBOTA: The "B" series of exhibits in 2B, 3B and 4B are copies of camp resident affidavits that were submitted to the County with the request. We found residents from each of the camps, and I personally interviewed them, and basically established that they lived in the camps prior to that date. Where there was a rental history, I documented that. And where the residents said that they had the exclusive use of their houses and lots, it was also documented in the affidavit. So that's the `B" series. HIATT: Okay. And what, okay, that ends it for those. So why was it important whether they had exclusive use of their home, and why was it important whether they were paying rent? KUBOTA: Okay. That's important issues. Because in, as we'll discuss a little bit later in the application of the law and the rules which apply to recognition of pre- existinglots, the County has always taken the position, I believe, from 1944 that where there were lots of record which existed as of the adoption of the County Subdivision Code on November 22, 1944, those lots have, are recognized as pre-existing the Subdivision Code. And, therefore, they're lots of record. In order to show that the lots were separate, it either have to be sold, or carved out, or leased out separately so that different people had exclusive uses of the lots. And that's why the exclusivity part of the affidavit is somewhat important in that a camp resident who had a house had the right to say, "hey, get off my house, get off of my lot." And they occupied the houses as part of their employee contract, which, at that time, was typically three years on a labor contract; and as part of the contract, they received the right to use the house. 9