A Little About Permits...
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, the following may also be required: a design review permit, a planning permit, a use permit, a variance, an electrical permit, a street improvement permit, a mechanical permit and a plumbing permit.
For the simplest of projects, such as re-roofing, painting and window replacements, permits can often be issued "over the counter" or even online. These projects usually don't require plans or calculations.
Some jurisdictions require a design review process before a building permit can be processed. In such cases, preliminary plans must be prepared showing the size of the proposed building or addition, the finishes, the colors and how the project will compare to neighboring buildings. There is usually a public noticing requirement, where all property owners within a specified radius of the proposed project are notified by mail and given a chance to comment on the project. This is usually followed by a public hearing, particularly if any of the surrounding property owners object to any part of the proposed project. The design review hearing is typically 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 accommodate 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 building permits. Engineers, architects, attorneys and contractors are also able to 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 (best case scenerio).
To demonstrate conformance to the State Code, plans are generally required and for projects involving structural alterations or construction, calculations as well. For any heated or air-conditioned 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 sends 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 if a different departments review the submittals. This process is similar to that of 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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