Laserfiche WebLink
The question of protecting the native Hawaiian rights, I had actually inserted something when I <br />was scribbling around on my copy and I had it in Section 7, Chapter 3, Article 5, excuse me, <br />Section 23-69 as an Item (F), which seemed to me to be a logical place to put it in, to insert that. <br />But that would be, were talking about for the final plat, unless you had it in mind to put it in <br />earlier for the tentative. <br />FRANKEL:Yes. <br />SIRACUSA:So then the wording that you had suggested might be an added (F)? <br />FRANKEL:I would put it in, you know, either 23-65 -. <br />SIRACUSA:Sixty-nine was what I was looking at, information required on final plat. <br />FRANKEL:Yeah,Ithinkthatstoolate.Ithinkyouneedtodoitbeforethe <br />preliminary, so 23-65, or 66 or, yeah, one of those. One of those is where youd want to put it. <br />SIRACUSA:There were other, some other things that I had -. <br />FRANKEL:Sixty four? <br />SIRACUSA:Made note of here. Lets see, on page 2 near the bottom which is ‚The <br />proposed amendments are intended to legitimate past applications received by the department <br />when the department has reviewed the applications and sent them on to other public agencies for <br />review.ƒ And then it says ‚They validate past tentative and final subdivision approvals which <br />may be based upon applications and preliminary and final plats that are not in full technical <br />conformance.ƒ And I was very disturbed by that because I felt that we were being asked to <br />reward noncompliance. And Im wondering whether that means that we are actually losing out <br />on income from fines and penalties and that sort of thing. <br />ALAMEDA:Mr. Director? <br />YUEN:Can I answer that. You know, going back to at least the 1970s, the <br />subdivision processing was done differently than strictly spelled out in the ordinance. So I dont <br />cast any blame on anybody, really. They had a system that worked. But as far as <br />noncompliance, the subdivisions, the subdivider submitted what they come to regard as, that will <br />work. You know, theres a group of people probably a dozen who do almost all the subdivisions, <br />a dozen to twenty surveyors. And if the Department will accept the application without some of <br />this information, then they will accept it. Now the big one, the most important one as far as the <br />amount of information was this section that said, ‚improvements planned by the subdivider with <br />sufficient information to check against Code requirements.ƒ That was not done because you <br />dont know what, when the subdivision is being looked at for the first time, you dont know that <br />the layout is going to be approved a certain way, that the roads are going to be approved a certain <br />way. So its premature to do the engineering. It doesnt mean that you end up with non- <br />engineered roads or bad roads in the subdivision. It just means that the level is deferred to a later <br />stage in the subdivision. So this is, you know, there was a way of doing this that evolved; and it <br />essentially worked. Not that there is never a problem in the subdivision, but there are problems <br />no matter how you write a Code, and it was not a practical way of making it work. So all this is <br />8EXHIBIT D <br /> <br />