United neighborhoods permit conditions

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Training on how different types of permit conditions and how to be effective in enforcing desired outcomes through the development process

Training on how different types of permit conditions and how to be effective in enforcing desired outcomes through the development process

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  • 1. Permit Conditions
    • Joseph Horwedel
  • 2. Permit Conditions
    • Permit conditions are what takes all the ideas of what should happen and puts them to paper in a manner that makes them enforceable.
    Without permit conditions, all the public process in establishing policies, talking through projects at community meetings, and the results of public hearings would be mere suggestions.
  • 3. Land Use Regulation
    • Cities regulate development with:
    • General Plan
    • Zoning and Subdivision Regulations
    • Council Policy
    • Development Permits
  • 4. Policy and Ordinance Differences
    • Look for should vs. shall
    3. Side setbacks should generally conform to the side setbacks of adjacent properties if there is a block pattern of larger side setbacks than is required by the zoning district. Single Family Design Guidelines 20.30.200 Development Standards All development in the Residential Zoning Districts shall conform to the development regulations set forth below in Table 20-60. San José Zoning Code R-1 District
  • 5. Main Permit Condition Categories
    • Universal /General Disclosures
    • Prior to Building Permit Issuance
    • Prior to Construction Starting
    • During Construction
    • Prior to Occupancy
    • Post Occupancy
  • 6. Prior to Building Permit Issuance
    • Revisions to plans
    • Fee Payment
    • Bonded Improvements
    • Obtain other permits
    • Conformance Review
  • 7. Universal / Disclosure Conditions
    • Sewage Connection Limitations
    • Permit Term
    • Permit Acceptance
    • Building Permit Required
    • Hazardous Materials Prohibited
    • Signs not approved
    • Nuisance Prohibited
  • 8. Prior to Building Permit Issuance
    • Revisions to plans
    • Fee Payment
    • Bonded Improvements
    • Obtain other permits
    • Conformance Review
  • 9. Prior to Construction Starting
    • Conduct Preconstruction Surveys
    • Habitat Protection Completed
    • Salvage for Historic Resources
    • Good Neighbor Process
  • 10. During Construction
    • Construction Hours
    • Dust Control
    • Disturbance Coordinator
  • 11. Prior to Occupancy
    • On site Improvements Completed
    • Off site Mitigation Completed / Started
    • Project Landscaping Installed
  • 12. What you should watch for…
    • Who does what, when is clear.
    • Future project modifications
    • Operations criteria
    • Construction issue
    • Neighborhood relevant issues
  • 13. When are special conditions created?
    • Unique circumstances with project / issue
    • Staff starts with draft conditions
    • Work with applicant on intent
    • Review by community
    • Decided in permit
  • 14. How Does City Enforce Conditions?
    • Enforcement through Zoning standards
    • Creation of permit conditions
    • Policy statements
  • 15. Zoning Standards Enforcement
    • Plan review process includes review of appropriate zoning standards
    • Permit conditions are crafted to address specific issues
    • General Enforcement through Code Enforcement for post construction issues.
  • 16. Policy / Guidelines Enforcement
    • Project review process is where most policy issues are addressed.
    • Community process opportunity to raise issues and concerns on policy implementation.
    • Permit conditions project plans can make policy enforceable.
    If the issue is not in a permit condition or on the drawings, it is very hard to enforce.
  • 17. Permit Condition Enforcement
    • Conformance review at the Building Permit stage looks for development permit conditions in BP plans.
    • Inspection process can be used to enforce some conditions.
    • Order to Show Cause and Notice of Non Compliance process through Planning.
    • Code Enforcement deals with all else.
  • 18. What should you think about ?
    • What is the most important thing to know or ask about permit conditions?
    Don’t forget to think about what happens if any of these fail to happen… Who is responsible to implement? What specifically do they have to do? When does it have to be done by? Where is it supposed to happen? How does it get done?
  • 19. A good condition…
    • Off - Sale of Alcoholic Beverages.  This permit allows for the sale of alcoholic beverages for off-site consumption , in an area not to exceed 100 square feet or 3% of the sales floor area, whichever is less.  This permit is only valid with the continuous sale of food, beverages and groceries specifically including a full range fresh produce and meat customarily found in a full service grocery store.   The area devoted to the sale of fresh produce and meat shall be at least twice the area of any area devoted to the sale of alcoholic beverages.  Should the continuous sale of fresh produce and fresh meat cease, or the ratio of floor area devoted to alcohol exceed the above ratio, this permit shall be invalid and shall require resubmittal to the City.  The use of this permit approval in the granting of any licenses approved by the California Alcohol Beverage Control Board shall be considered voided should such provisions not be fully implemented by the permitee.
  • 20. Always good to have an end in mind
  • 21. Resources
    • Zoning Ordinance
    • Draft permits on linked to hearing agendas
    • Standard Permit Conditions List – underway
    • Community meetings
    • Neighborhood Roundtable
  • 22. Permit Conditions
    • Joseph Horwedel