Almost all construction projects require one or more permits. As
a minimum, a building permit is required for all but the most minor
projects. Under some conditions, a design review permit , a
planning permit, a use permit, a variance, an electrical permit, a
street improvment permit, a machanical permit and a plumbing permit may
also be required.
For the simplest projects, such as reroofing, painting and window
replacements, permits can often be issued "over the counter" or even on
line. These projects usually don't require plans or
calculations.
Some jurisdictions require a design review process before a builidng
permit can be processed. In such cases, preliminary plans must be
prepared showing the size of the proposed building or addition, the
finishes and colors and how the project will compare to neighboring
buildings. There is usually a public noticing requirment, where
all property owners within a certain radius of the project are notified
by mail and given a chance to comment on the project. There is
usually a public hearing, particularly if any of the surrounding
property owners object to any part of the proposed project.
The design reviewe hearing is usually held by a volunteer board
consisting of both design professionals and ordinary citizens. We
have dealt with this process recently in South San Francisco,
Burlingame and Princeton by the Sea. We do not endorse it, but we
can deal with it.
In some cases, usually involving new buildings or changes in the use of
a building, there may be a separate planning permit
required. This may or may not require public noticing and
may or may not involve a public hearing before the planning
commission. Variances, where the applicant requests
permission to not comply with some portion of the zoning or planning
code, are handled at this type of proceeding. (There are no
variances allowed for deviations from the Building Code: it's
State Law and can only be modified by the State Legislature with the
consent of the Governor.) Use permits, invariably, require public
noticing and public hearings before the planning commission. We
have also successfully represented clients at these type of
permit proceedings.
Finally, building permits. Property owners can apply for builidng
permits. Engineers, architects, attornays and contractors can
apply for building permits as agents for property owners. Tenants
can apply for building permits with the written permission of the
property owner.
In order to obtain a building permit, the applicant must show that the
proposed work will comply with the State Code, any local codes, and any
other applicable State codes. The building department won't
process a permit until the planning department signs off on it, but
sometimes this is done under a single application. (This is best
case condition.)
To demonstrate conformance to the State Code, plans are generally
required and for projects invloving structural alterations or
construction, calculations as well. For any heated or
airconditioned space, Title 24 energy calculations are required.
The plans must show the size, type of construction, location on the
site and other information. The calculations must show that the
structure will not be overloaded based upon the design requirement of
the state Code for the specific site.
These design documents, along with a completed application and a plan
check fee, are submitted to the building department. the building
department either assigns the submittals to a staff member to plancheck
or wends them to an outside consultant. The plan checker
reviews the submittals, usually asks for additional information, often
challenges portions of the design and sends their comments back to the
applicant. The applicant's engineer or architect, responds to the
comments, revises the design, agrees with or responds to the challenges
and resubmits the design documents back to the building
department. This may happen several times as the plan checker
thinks up other issues or different departments review the
submittals. This is a process similar to an IRS audit: even
if you are innocent, you still have to prove it. Eventually, the
project in some form is approved and the applicant pays still more
fees. Finally, construction can begin.
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