Agenda - 08-23-1999 - C - Laserfiche WebLink

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9 With most types of projects, a pre - application meeting with Staff is required. The majority of applicants tend to do their homework anyway. Within 5 days of submittal incomplete applications are supposed to be returned with deficiencies noted. The time frames as they currently exist are not onerous or burdensome on the Staff. In fact, the established schedules help the Staff plan their work and publish each year the submittal /review schedule for incoming projects. Without the designated deadlines, projects would float between meetings, become backlogged at any point, and remain lost in what would no longer be a development review "process" because nothing would actually move forward. This may be the underlying (and not so subtle) reason for the amendment, but it is certainly not a very realistic goal or one worthy of the Orange County Planning Department. If the time frames are removed, and the Planning Staff is asked when a project will be reviewed, it will be somewhat difficult for a Staff person to look a landowner in the eye and say with a straight face, "Well..., your application will move forward when we think it's ready." For subdivisions, the concept plan review procedures were included so that major design issues could be worked out in advance. If there is disagreement between the Staff and the applicant on a particular issue, the applicant has a right to present his or her idea to the Planning Board. Staff is obligated to present the facts and the analysis of how a proposal does or does not meet ordinance standards and how a project may affect the public health, safety and general welfare. One of the earliest and most memorable lessons I learned from the County Attorney was how the Constitutional right to "equal protection under the law" applied to planning regulation. How can you as elected and appointed officials guarantee equality and fairness if the review "process" has no time constraints allowing some projects to drift indefinitely? I guarantee that applicants who will quickly become frustrated and confused will want to hear the answer to that question from you. Current Planning has a professional, thorough staff. They can handle the responsibility of reviewing and piloting projects and amendment requests according to ordinance standards including time schedules. Some of the newer staff members may need more time to adjust to the pace of the review process. Once they are more familiar with the regulations and the established schedule for review, they should have no difficulty with "the need to ensure that all development conforms to the requirements" of the ordinances. With only minor adjustments, the system worked at least during the last 12 years. In summary, to approve the amendments as proposed would be a gigantic step backwards for land use planning in Orange County, weakening the credibility of the review process. If the amendments are approved, please consider the following comments on proposed test: a. Section III -B -1 and III -C -5 - Delete the proposed text. Filing a major subdivision request can in no way be considered an appeal of the decision regarding the classification of a subdivision;