2006-03-09 Tplanning_director - Laserfiche WebLink

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individual homeowner, wow, my subdivision, my house, my everything, my world is getting turned upside down by a third party over some, and Im not going to trivialize it by saying small detail, but something that happened 20 years ago. And to me that, you know, I know Commissioner Iwashita has said that it is the developers responsibility; but at that point the developer is long gone. And if Im in a position of having everything I worked for, you know, turned upside down and taken away from me, Im going to sue somebody and the only person still around is the County. So Im aiming my gun right at the County and saying you shouldnt have approved it in the first place and now Im stuck with, you know, having to figure everything out and pick up the pieces. And I think thats where, the part of where the Director is saying we need to inoculate; and thats where I see it. I mean, Im on a fence Ive got to tell you the truth; and I see both sides of the picture, and Im just thinking as a homeowner. And Id hate to see something that will come up later on and be able to reopen after Ive been established in my home after so long. So its just a comment on my part. ALAMEDA:Thank you. Okay. Im wondering from that if a question could arise somethingalongthelinesthatifthereareprotectionsthenforyouinthatparticularexample. Will there be protections, Mr. Director? YUEN:The reason I put this in is that Im very jumpy now about the finality of decisions that are made. The Hokulia case showed that things that people thought were totally final are at risk by court action. I would have thought that in Mr. Salaveas case I would say no, no need worry you have final subdivision approval. The Hokulia development had final subdivision approval. So thats the reason for trying to put a finality clause in here. As far as fixing something, as far as being able to get, I need to point out something that I really should have pointed out before. As far as fixing something that the developer has done wrong if its discovered later, we still have Section 23-74(c),okay, and thats on page 13. And it says that The approval for recordation of the final plat by the director shall not relieve the subdivider of the responsibility for any error in the dimensions or other discrepancies. Such errors or discrepancies shall be shall be revised or corrected, upon request, to the satisfaction of the director. And that means that if a planning director discovers an error or discrepancy that they can require the subdivider to fix it even after final subdivision approval. It does not open the door though, what the end of 23-73 clause is its meant to create a finality for third parties. And, again, to the extent that there is this concern over substantive aspects of a subdivision, like you approved a subdivision with a wrong lot size or the wrong road right-of-way which, or without drainage or something like that, the word technical, I think, deals with that. ALAMEDA:Commissioner Salavea, follow-up? SALAVEA:No, thank you. ALAMEDA:Commissioner Iwashita? IWASHITA:Thank you, Mr. Chair. You know, in terms of the finality of subdivision approvals, those get, in my mind, commercially validated, or in my experience, commercially validated. When the properties are sold and they get financed, commercial title companies get involved and research all of this and issue title policies, which guarantee the value of whatever 28EXHIBIT D