On Risk, Part II
Gaining the right to build is the second most critical skill a developer needs, after the ability to do the math and handicap a potential project.
What is the first step? Read your adopted codes. Understand, or have your architect explain to you, what your as-of-right envelope is. Unless your project is open space or a wetland, there is a bulk, massing and use envelope that will provide you with an initial square footage, use, height, and percent of site utilization. In my opinion, if what I need to produce fits within the adopted codes, I have an 80% chance of getting my project approved.
You ask: Why only 80%, grasshopper? Because if you read the codes carefully, there are often conflicts that give the power of discretion to the commissions, boards, and staff that have the ability to grant you your entitlements.
To understand the discretionary element, study the envelope on other properties in your neighborhood. Find out where your proposed use compares with others in your neighborhood in terms of density, height, parking, shadow bulk. How do you compare? If you recently purchased your property, go down to the planning office and look at the public file on the project. Look at the history of it. Read staff reports on similar uses and sites. After you have done your survey of comparable sites, find out where you stack up. Are you in the top 50%, 25% 10%? Your likelihood of success drops the closer you get to the top of the stack.
You will now understand what is as of right, and what is discretionary. Envision this as an envelope of use, height, footprint, and bulk on your property. The further you go outside your envelope, the process gets increasingly expensive, the processing time increases, and your likelihood of success decreases.
Once you understand the numbers, then you can proceed with the how.
Here is a recent example of how you do it. Very impressive technique by someone who has made a tremendous contribution to the City of Cupertino, whose company is their largest taxpayer, and needs to do a fifty acre campus.
