Permit Conditions

Joseph Horwedel

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.

Land Use RegulationCities regulate development with:General PlanZoning and Subdivision RegulationsCouncil PolicyDevelopment Permits

Policy and Ordinance DifferencesLook for should vs. shall

3. Side setbacks should generally conform to the side setbacksof adjacent properties if there is a block pattern of larger sidesetbacks than is required by the zoning district.

Single Family Design Guidelines

20.30.200 Development StandardsAll 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

Main Permit Condition Categories• Universal /General

Disclosures • Prior to Building Permit

Issuance• Prior to Construction Starting• During Construction• Prior to Occupancy• Post Occupancy

Prior to Building Permit Issuance• Revisions to plans• Fee Payment• Bonded Improvements• Obtain other permits• Conformance Review

Universal / Disclosure Conditions• Sewage Connection Limitations• Permit Term• Permit Acceptance• Building Permit Required• Hazardous Materials Prohibited• Signs not approved• Nuisance Prohibited

Prior to Building Permit Issuance• Revisions to plans• Fee Payment• Bonded Improvements• Obtain other permits• Conformance Review

Prior to Construction Starting• Conduct Preconstruction Surveys• Habitat Protection Completed• Salvage for Historic Resources• Good Neighbor Process

During Construction• Construction Hours• Dust Control• Disturbance Coordinator

Prior to Occupancy• On site Improvements Completed• Off site Mitigation Completed /

Started• Project Landscaping Installed

What you should watch for…Who does what, when is clear.Future project modificationsOperations criteria Construction issueNeighborhood relevant issues

When are special conditions created?Unique circumstances with project /

issueStaff starts with draft conditionsWork with applicant on intentReview by communityDecided in permit

How Does City Enforce Conditions?Enforcement through Zoning

standards

Creation of permit conditions

Policy statements

Zoning Standards EnforcementPlan review process includes review

of appropriate zoning standardsPermit conditions are crafted to

address specific issuesGeneral Enforcement through Code

Enforcement for post construction issues.

Policy / Guidelines EnforcementProject 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.

Permit Condition EnforcementConformance 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.

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?

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.

Always good to have an end in mind

ResourcesZoning OrdinanceDraft permits on linked to hearing

agendasStandard Permit Conditions List –

underwayCommunity meetingsNeighborhood Roundtable

Permit Conditions

Joseph Horwedel