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Lincoln Ashida, Esq. <br /> Corporation Counsel <br /> OFFICE OF THE CORPORATION COUNSEL <br /> Page 2 - <br /> April 18, 2007 <br /> under which subdivisions are reviewed and approved, such as street standards, drainage <br /> requirements, public access to the shoreline, and the like, by amending the subdivision <br /> ordinance or by passing ordinances that apply to subdivisions generally. <br /> The Charter states, though, in sec. 6-4.2, that the planning director shall: <br /> "(e) Administer the subdivision and zoning ordinances and regulations adopted <br /> thereunder. <br /> (f) Render decisions on proposed subdivision plans pursuant to law." <br /> By comparison, the Charter says that the planning director shall "make recommendations <br /> on rezoning applications, special exceptions and other similar requests." Sec. 6-4.2(g). <br /> The question is whether the Charter permits the council to pass an ordinance making <br /> itself the body that decides on individual subdivision applications. <br /> The proposed change, if adopted, would be a very important change to the land use <br /> process and this basic legal issue is sure to come up at some point, so it would be better to <br /> have this clarified at this early stage in discussions. <br /> Sincere , <br /> CHRISTOPHER J. EN <br /> Planning Director <br /> CJY:pak <br /> Wpwin60/Chris 07/Coryoration Counsel -Opinion -Subdivision Charter Law <br /> <br /> Attachment <br /> cc: Honorable Harry Kim, Mayor <br /> Honorable Pete Hoffinann, Chair and Presiding Officer <br /> <br />