| What is An Entitlement? | | | | approvals. |
| The definition of entitlement with regard to land | | | | Regulatory Process: |
| development is the legal method of obtaining approvals | | | | Majority of development projects must go through |
| for the right to develop property for a particular use. | | | | certain aspects of the entitlement process and some |
| The entitlement process is complicated, time | | | | projects will be required to go through several public |
| consuming and can be costly, but know what you can | | | | hearing processes for approval depending on each |
| and can't do with a piece of property is vital to | | | | jurisdiction's rules. To begin, commercial development |
| determining the real estate feasibility of your project. | | | | of land requires a review and approval from the local |
| Some examples of entitlements are as follows: | | | | Development Review Board or Planning Department |
| Entitlement Examples: | | | | Review Division. Each municipality has a different |
| 1. Zoning and zoning variances for building heights, | | | | name but the functions are similar. |
| number of parking spaces, setbacks. Your land use | | | | |
| attorneys and zoning experts come into play here. My | | | | 1. The process starts with obtaining site approval from |
| advice is to heavily rely on their expertise and follow | | | | the local Planning and Development Department. By |
| their directions to avoid unnecessary delays in your | | | | contacting the local Planning and Development |
| approval process. | | | | Department Review Division, your expert team will |
| 2. Rezoning. Depending on the current use allowed for | | | | then put together a land use pre-application which |
| the property, you might need to have the site rezoned | | | | complies with the codes of that particular jurisdiction. |
| which is a complicated process and sometimes cannot | | | | By complying with the codes, this will eliminate |
| be done. | | | | additional requests by the jurisdiction, further review |
| 3 Use Permits. You may need to obtain conditional use | | | | and extension and unnecessary delays of the |
| permits and this goes hand in hand with zoning and | | | | approval process. |
| zoning variances. | | | | 2. Next a meeting date will be set. You and/or your |
| 4. Road approvals. Do you need to put in existing | | | | representatives will meet with the Planning Department |
| roads? Who maintains the roads? Are there shared | | | | to discuss the proposed project and review process. |
| roads via easements? These are all questions that | | | | The process includes approval of your site plan, |
| you need to have the answers to and be prepared to | | | | elevations, colors, landscaping, vicinity map, etc. |
| comply with in the regulatory process. | | | | Environmental information will need to be submitted |
| 5 Utility approvals. Are utilities available to the site? Do | | | | also. There is usually a fee that accompanies the |
| you need to donate land to the city in exchange for | | | | application. The fees vary from jurisdiction to |
| utility entitlements? Again, you will need to comply with | | | | jurisdiction. |
| the municipality regulations and standards. | | | | 3. If for some reason your site plan is denied, you can |
| 6. Landscaping approvals. The city planning and | | | | appeal to the City Council. The appeal process varies |
| development agencies must also approve your design | | | | from each jurisdiction. |
| and landscaping. Your architect and engineers will be | | | | 4. Once you obtain site approval, then you will need |
| most helpful in this area. | | | | design approval, master use permits. The design |
| Hire an Experienced Development Team: | | | | approval process is where your architect will design |
| The best advise is to hire an experienced | | | | the building shell, core layout, exterior appearance, |
| development team of architects, developers, lawyers, | | | | building height, site layout, landscaping concepts, traffic |
| project consultants, civil, soil, landscape and structural | | | | impact, site access and utility layouts and submit them |
| engineers and consultants at the onset to help you | | | | for approval. |
| analyze, review, interpret and advise you regarding | | | | 5. Neighborhood hearings are generally required for all |
| design studies, applicable zoning and code | | | | general plan conditional use permits. You may be |
| requirements, and maximum development potential of | | | | required to send out written notice or post information |
| the property. Without an experienced team, it is | | | | on the site. Normally the City will send notices to the |
| extremely difficult and a lot of time will be wasted in | | | | neighbors also. Signs should be placed on the property, |
| trying to complete the regulatory process because the | | | | and an open house meeting is generally held. Your |
| very nature of the regulatory process is so | | | | development team will be instrumental in advising and |
| complicated. | | | | assisting you so that you have a higher probability of |
| Here is how the process works. First, remember to | | | | achieving success in obtaining neighborhood approval. |
| keep in mind that the process is very slow and | | | | Be prepared, even if you comply with the regulatory |
| frustrating and can take approximately 3 to 12 months | | | | process codes and regulations, there is always the |
| or sometimes years depending on how complicated | | | | possibility that the neighborhood may have their own |
| the project is. Part of the reason is that each city | | | | agenda and that the hearings and decisions may not |
| planner has different interpretations of their local rules. | | | | be favorable to your project going forward. This is |
| Today, approvals involve jurisdictions overlapping such | | | | where your attorneys and the rest of your |
| as city, county and state and these jurisdictions do not | | | | development team's expertise and participation are |
| communicate with each other. It is extremely crucial | | | | crucial. |
| that you establish good working relationships with | | | | If wetlands are located on the property you will need |
| these planners to obtain your approvals. Again, this is | | | | special documentation that states whether the |
| why you need to work with a development team that | | | | Wetlands Act applies or not. If it does, either it will result |
| has already built these relationships with local staff of | | | | in significant or insignificant impact as granted by |
| the local jurisdiction where your property will be | | | | evidence of a permit. Sometimes it is best to set aside |
| developed. These relationships will streamline and help | | | | or donate the wetlands portion of the property and |
| to expedite your approval process. Your experienced | | | | avoid development issues. Your development team will |
| team of experts will be able to negotiate issues for | | | | be able to advise you on the best course of action |
| you and eliminate additional requests by the local | | | | once they have assessed all the information and |
| jurisdiction to avoid further delays in obtaining your | | | | reviewed the reports. |