CHC 1979-03-06 - Laserfiche WebLink

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MR. ISHIDA: Now, are there any instances where you go from the Planning Director to the commission then . to the Board of Appeals? MR. FUKE : No. Under the. present organization the director makescertain action ; the commission makes certain action and who checks these two guys? It ' s the Planning Board of Appeals. MR. ISHIDA: Another question , as far as delegation of variance functions to the Planning Director. Are"1you stating that you do not want the Planning Commission to delegate all variance functions, or just a limited? And, if so, what guidelines are you using? MR. FUKE: I think that all we are looking for in this point in time, Mr. Ishida, is just to have broad language wherein if the commission wishes to delegate its functions there would be the ability to do so but then we would have to spell it out separately in ordinance form what kinds of areas would be delegated. But, preliminarily, the kinds of areas that we are thinking about are maybe setback variances. .Height. variances have a little different kind of implications. The concept of administrative granted variances has been applied in Dade County, Florida and it has worked , . aitho. wel 1. Over there, fortunately, the charter allows the Planning Commission to delegate the functions to the Planning Director. Ours does not. But you see if the Planning Director is going to have and assume some ofthe functions of the Planning Commission then increasingly it becomesrmore the reason why you should retain the concept of the Board of Appeals. As I say, I have to really think about it. MR. ISHIDA: Then you believe that the Planning Commission should just be given the general authority to dele- gate some of the functions to the Planning Director just restricted to variances. MR. FUKE: Yes, perhaps, the language maybe just like the Planning Commission may delegate. Not, necess- arily shall delegate. But whether in fact the delegation occurs , whether it is all or just a few, it would be up to the Planning Commission and however the ordinance is finally structured. A good case in point is like under the Shoreline Management Law, the State Coastal Zone Management Act, that the Planning Commission the way it is written , the authority is the Planning Commission and under that basis it reads that the authority may..delegate the permanent functions" to the County Planning Director and what we have done, under that setup, is to say those minor permits are to be adminis- tratively processed by the director. Those major permits are processed by the Planning Commission. 'There would be just a sharing of those responsibilities. Essentially, the Planning • 18 -