How to Get Your Project Approved by the Planning Department
From our years of working with jurisdictions that approve or disapprove projects, one trend emerges clearly: it is all about communication. Seasoned Architects and planners know that going to the city hall and talking face to face with the staff member who is reviewing your project is how it’s done.
Unfortunately, this is not always an option, and even less so now in the times of global pandemics and distributed teams (city staff working from home). So how do we give our project the best chance of success? Below are a few tips.
Do your research. Most jurisdictions now publish their zoning codes and ordinances online. Read them. Find out what zone your parcel is in, what uses are allowed in that zone and what development standards apply (setbacks, parking ratios, landscaping, lighting, street improvements, etc). There are always exceptions to rules, but arm yourself with knowing the rules first.
Pro tip: in a lot of jurisdictions, you can request a summary of information that applies to your parcel. In this case, the city staff does the research for you (though you should still familiarize yourself with the details). You can also ask them to find out the history of the lot - were there any violations, unresolved issues, unpermitted construction? Gather as much data now as possible and avoid unpleasant surprises later on.
Pre-application meeting. Hopefully, your design follows the rules and restrictions or you are at least aware when it does not. Next, we will need to get initial reading from the planning staff and see if any issues arise before the project is officially submitted. A pre-application meeting is essentially you saying to the jurisdiction, “Hey, I have an idea I’d like to run by you…Can we have a coffee and chat?”
A pre-application meeting does two things: it introduces your team and your project to the city (so, it’s critical to put your best foot forward and make a good impression) and it allows both parties to exchange questions and ideas before an official action is taken. Come prepared to ask questions about any grey areas in the zoning code, any possible variances you may be considering, and anything else you think you will want to come to agreement on. At this stage, “it doesn’t hurt to ask.”
After you have received the feedback from the pre-application meeting, you may want to continue the conversation with some of the city staff members until all the issues are resolved and your project is revised and ready for planning submittal.
Follow the submittal checklist and include all the exhibits, documents and narratives required for the type of entitlement you seek. In most jurisdictions, there is a triage process at submittal, where a staff member checks to see that you are submitting a complete package. If you are missing any items, the submittal will be kicked back to you and you will be asked to provide missing information. So, unless you specifically received the blessing of the planning department to skip something, don’t.
This is usually the point where you will be asked to pay fees that cover the planning staff reviewing your project. Payment is required to proceed.
If you don’t hear from the city within a reasonable timeframe (say, a week), contact them and ask who your project has been assigned to and what is the estimated time they will take to do the first round of review. Mark your calendar.
Avoid being perceived as the annoying squeaky wheel, but keep in touch, especially if the estimated timeframe passes and you don’t hear back. Respectfully follow up.
Unless your project is simple and you did everything perfectly, you will likely receive comments from the planning department that will need to be addressed before your project is allowed to move forward. Carefully review the comments and if any of them are unclear or you have reasonable objections, ask for another meeting.
Like I said at the beginning of this article, communication is the name of the game. Sometimes, the document with the comments you receive after the first review seems like an insurmountable obstacle. You may begin to feel that the city is being difficult on purpose and they are just trying to discourage you from building anything. That is rarely the case. The city officials are typically following the codes and ordinances (the rules you learned in step 1).
That doesn’t mean there is no room for interpretation and negotiation. Your task is to understand where they are coming from and propose a solution that is close enough. You are not looking for favors, but you are trying to find a common ground, where both your team and the city staff are working together to make the city better, as people. That’s the big picture goal. Show up, be respectful, communicate. Sometimes, the issue is that the reviewer just didn’t notice something or didn’t quite understand your project the way you intended it and you have the opportunity to explain it verbally.
After the points of contention have been discussed and an agreement has been reached, it’s time to go back to the drawing board and revise your project with this new information. Again, it’s critical to communicate with the planning department and ensure that what you re-submit will satisfy the expectations.
Re-submit, confirm your materials have been received, and get ready to celebrate. If you’ve succeeded in communicating clearly and agreeing on terms, this round of review is really a formality. Congratulations!
P.S. There is sometimes the perception that the way to get what you want from the local planning department is either through intimidation and power play (“I know so-and-so and the Mayor is my golf buddy!”) or by engaging an “expeditor.” While it’s good to know people, expecting to get special treatment because of that is an approach that is likely to backfire. The young new planner might not care that you play golf with the Mayor and you trying to force your way will just get them annoyed and put you in the back of the line.
As for “expeditors,” check your expectations. Unless there is a specific state or local program in effect that gives priority to certain projects (housing could be one), all the expeditor can do is navigate the same system we outlined above. The advantage of hiring one is that, while you have other things to do, getting projects approved is their day job. However, there is no legal way to pay someone to get your project approved faster.
“there is no legal way to pay someone to get your project approved faster”
If you think you need help with planning approvals, you have other options. Civil engineers, Real Estate attorneys, and, of course, Architects are all capable of helping you stop spinning your wheels and get your project moving along!
