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COM 0331.007 2006-2008
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COM 0331.007 2006-2008
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Last modified
5/13/2008 6:13:02 AM
Creation date
5/8/2008 5:47:59 PM
Metadata
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Template:
Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
0331
Point
007
Author
Margaret Wille
Communications - Referred To
PC
Comments
Presented: PC - 5/1/07
Document Relationships
AGE PC 05/01/2007 2006-2008
(Related)
Path:
\Council Records\Agendas\2006-2008\Plannning Committee (PC)
COM 0331.000 2006-2008
(Related)
Path:
\Council Records\Communications\2006-2008
RES 158 Draft 01 2006-2008
(Related)
Path:
\Council Records\Resolutions\2006-2008
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and Growth Management, he states that subdivision administration "remains the <br /> <br /> ' most significant process for managing and financing growth and community <br /> design". a <br /> He explains as follows: <br /> It is principally through the process of subdivision <br /> approval that communities take a serious look <br /> at the problems of growth, the environmental impact <br /> of growth, and the availability of adequate facilities <br /> and services to accommodate growth... The <br /> subdivision process is also the central technique <br /> for controlling the extent and rate of urban growth.5 <br /> Question 2: IS PUBLIC PARTICIPATION IN SUBDIVISION <br /> REVIEW APPROPRIATE, AT LEAST IN CASES INVOLVING LARGER <br /> SUBDIVISIONS? <br /> Yes, certainly public participation is appropriate in the subdivision and <br /> development application review process. To impose, or to fail to impose, <br /> discretionary conditions or exactions on subdivision approvals has an enormous <br /> long-term impact on our quality of life in this county. There should be an <br /> opportunity for meaningful participation at this stage of the development approval <br /> process. On this point, James Kushner in Subdivision and Growth Management <br /> explains: <br /> The due process clause requires some kind of hearing as a condition to <br /> interfering with property rights. The due process requirement in the <br /> subdivision process would require some notice to affected neighboring <br /> landowners of the pendency of the application and an opportunity to be <br /> heard and to participate in the deliberative decision-making process. It is <br /> typically satisfied by a provision of the subdivision ordinance requiring <br /> public hearings prior to the decision to grant tentative or preliminary tract <br /> approval. 6. <br /> There is a cleaz need for discretionary review of these developments and the <br /> imposition of reasonable exactions commensurate with the impact of each <br /> development. It is through the participation of members of the public that <br /> concerns are raised and deliberated and addressed. <br /> a James Kushner, Subdivision and Growth Management (2°d edition 2007) Preface page x. <br /> s Ibid at page 1-2. <br /> 6 Id at pages 8-94 and <br /> <br />
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