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39. The public accesses lying within Subdivision 7644 <br /> were not properly designated on Subdivision 7644 final map. <br /> 40. Hawaii County Code Section 34-8 (Subdivision o£ <br /> land) states in relevant part: <br /> (a) Upon review of a subdivision application, when it <br /> is determined that public access must be provided, the <br /> subdivider shall file the executed documents for <br /> dedication of the public access, free and clear of all <br /> encumbrances with the director. <br /> (b) Prior to final subdivision approval, the <br /> dedication documents shall be reviewed and approved as <br /> to its form and content by the appropriate agencies. <br /> The director may thereafter grant approval to the <br /> subdivision in accordance with the subdivision rules <br /> and regulations of the County. <br /> (c) The public access shall be clearly designated on <br /> the final map of the subdivision in accordance with <br /> the subdivision rules and regulations. <br /> 41. The Planning Director compromised administration <br /> of HCC 34-8(a)through(c), referenced above. <br /> 42. Many of Subdivision 7644's privately owned <br /> streets are easements over private land. Continental <br /> Pacific, LLC failed to grant rights of public use or access <br /> over the subdivision's private streets leading to the <br /> <br /> public parking areas. <br /> 43. Chapter 34-3(a)(11) states: <br /> (11) "Public street" and "public highway" mean a <br /> publicly owned street or highway or a privately owned <br /> street or highway over which rights of public use or <br /> access have been granted and duly accepted by the <br /> state or county. <br /> 11 <br /> <br />