COM 0762.040 2004-2006 - Laserfiche WebLink

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completely different from a title report to make his decision to give tentative approval. Title insurance insures only the developer and does not prove clear title, not does it determine ownership, nor to what degree, whether exclusive or partial. We understand that it is not within the Planning Department's jurisdiction to determine title. However, the Director has the discretion to require to comply with the Subdivision Code that requires the consent of all owners and that was not obtained. Until a quiet title action has been done, each tenant in the development area, which included ourselves, has an undivided interest and equal right in the property to make use of and enjoy the entire property. When asked if an issue of title is raised subsequent to the sale of lots in the proposed subdivision, the Planning Director testified that it is definitely a complication if subdivided property doesn't have clear title and definitely more complicated after the subdivision is completed. The Planning Director also said he didn't think that the County would be liable per se. That is not much of a defense for the County if someone were to sue if title to a purchased lot was being disputed, especially if the County knew it was an issue and ignored it. Future lot sales in this subdivision could expose the County to litigation and using per se isn't adequate defense. The Planning Director gave tentative approval of this subdivision despite the exposure of major discrepancies in the archaeological report that included the proposed destruction of a historic landmark that contained a mausoleum of known burials. We also provided documentation of 80 burials within the development area and its significance was dismissed because tentative approval was given. With tentative approval the developer can do land clearing activities such as grubbing and grading. However, these activities can and do destroy historical and burial sites permanently. Historic sites and burials run the risk of destruction during grubbing and grading that is allowed with tentative approval. The magnitude of the previous grubbing and grading done in the Ki'ilae Farm Subdivision involved a bulldozer operating without a permit and without a monitor present. The Dept. of Public Works' investigation and report says that the clearing of the roadway could have been done with a much smaller and less destructive machine, such as a tractor mower. The Planning Director's discretion in giving tentative approval in this subdivision has repercussions. He testified that with tentative approval, the developer can begin grading, grubbing and clearing and the County is forced to honor the approval and follow the preliminary plot, despite the plan's deficiencies. The Planning Director has much discretion but he admitted that the past practices of the Planning Department have not always been correct.