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To minimize abuse, however, criteria to allow these reliefs were also established. The Codes also <br /> identified what kind of variances can or cannot be granted. Thus,while the Director can grant a <br /> setback or a height variance, it would be prohibited from granting a variance or a PUD to allow, for <br /> example, a hotel in a single-family residential zone. That's clear that they cannot do it. Such a <br /> change, appropriately so,must go through the rezoning process, which means to the Commission and <br /> to the County Council. <br /> Thus,in summary, the Director administers and enforces the Zoning and Subdivision Codes adopted <br /> by the Council. If these are standards or areas where the Council finds that the variances or PUDs are <br /> not appropriate, it would be best to have them clearly defined in the Zoning or Subdivision Codes, <br /> rather than having the Council assume the administrative task of approving or denying the variances. <br /> The second item relates to the mater of efficiency. Prior to 1968 the County Charter, prior to the 1968 <br /> County Charter, the Planning Commission, this body actually, was the approving body of all <br /> subdivisions in this County. This function was delegated to the Planning Director in 1968 to relieve <br /> the Commission of being the administrator of the Subdivision Code, while reserving its time for acting <br /> on variance and recommending rezoning and other policy-related applications to the Council. Can you <br /> imagine if the Commission today were to review and act on over 500 subdivision applications <br /> annually? It would probably require a full-time commission. <br /> Now because processing variances dominated the Commission's agenda between 1968 and '78 and the <br /> realization that this was really an administrative function, the Charter was amended in1978 to relegate <br /> this function to the Planning Director. Checks,however, were put in to minimize abuse by increasing <br /> the role of the Board of Appeals. The Commission now had more time to focus on and act on major <br /> land use policy matters such as Special Permits, Use Permits, and making recommendations to the <br /> Council and Mayor on critical land use issues such as the CDPs or the General Plan. All of these <br /> require public hearings and, understandably, can be quite time-consuming. <br /> Bill 291 proposes to now have PUD applications (which is really like the variation of the variance) <br /> processed through the Commission and Council, purportedly to enable more public input. Such a <br /> move will again unnecessarily add to the burden of the Commission and Council and could further risk <br /> politicizing an issue,particularly since legislative actions are not appealable. On the other hand, <br /> retaining this function at the Director's level,with the appropriate checks afforded by the Board of <br /> AppealS,it provides a more efficient and fair approach to processing PUDs. <br /> In sum, if the intent of Bill 291 is to increase the opportunity for greater public input and beyond the <br /> current requirement of notices to surrounding property owners, etc., then the Director's proposal <br /> addresses this. The proposal mandates the applicant to hold a community meeting, and I think that's a <br /> good thing. <br /> On the other hand, if there are concerns regarding the outcome of the decisions on PUDs, then it would <br /> be more appropriate to have the Zoning or Subdivision Codes amended to further define what kind of <br /> exceptions can or cannot be considered and/or create new guidelines or standards. Just transferring <br /> what is normally an administrative function to the legislative branch does not necessarily address the <br /> concern and it could excessively politicize an issue. And that's the reason why I think what the <br /> Director is proposing is way better and, I think, is legally sound. Thank you very much. <br /> 5 <br />