City of Boulder planners are gathering feedback on a suite of city code revisions aimed at simplifying the permitting process. The revisions could shorten wait times for businesses to obtain permit approvals.
The proposal aims to eliminate cumbersome and time-consuming red tape for those seeking city approval for relatively minor developments, such as renovations to open a cafe or restaurant.
“We recognize that there is a balance between accountability and providing sturdy guardrails, and at the same time, providing good governance and using staff time efficiently,” Brad Mueller, the director of Planning and Development Services, told members of the city’s Planning Board this week.
The proposal comes at a time when businesses have been complaining about long wait times and bureaucratic hassles, costing them time and money. This snag is particularly common for businesses and residents unfamiliar with how to navigate the city’s permitting process.
Last year, permitting wait times were a key factor in the closure of Fresh Thyme’s Bodega, according to its owner. A coffee shop owner waited over 400 days for permit approval, while still paying rent for a storefront on Pearl Street. Illegal Pete’s has delayed its opening of its restaurant in South Boulder due to permitting delays, while an owner of Jet’s Pizza described his monthslong permitting hiccups as a series of “so many disappointments.” Meanwhile, residents in North Boulder abandoned their plans to build a new playground after city requirements — including a full land survey and review by an engineer — significantly increased costs.
The city’s Planning and Development Services Department has been working on revising its internal processes for years. During the Boulder City Council’s retreat on Feb. 23, 2023, councilmembers urged city officials to identify the “pain points” and “bottlenecks” in the permitting process and help come up with a proposal to “make the processes more efficient.”
An early version of the proposal was unveiled this week to members of the city’s Planning Board, many of whom were supportive of the proposed tweaks to city code. One goal of the presentation was to gather feedback before drafting an ordinance that would be voted on by Boulder City Council as soon as March 2024.
Here is a summary of some of the potential changes.
Use review
Perhaps the most significant proposed change would allow small businesses to undertake minor projects without special approval from the city. Currently, a “use review” application is required for projects in areas where the intended use is not typically allowed — such as building a gym in an industrial building, a restaurant in a retail space, or a cafe in a home.
On average, the use review process takes about 200 days, according to city officials, with the quickest wrapping up in about 80 days. As a result, small businesses often end up paying rent on empty spaces while they wait for permission to build.
City planners are suggesting eliminating steps in the use review process for projects that don’t involve a site change, such as expanding the building footprint. For instance, if an applicant wants to create a yoga studio in a former retail space, a city engineer review of the application would no longer be required. City planners also want to allow certain nonresidential projects to proceed without the approval from the city’s Planning Board, a process that can add months to the use review process.
Call ups
Currently, in order to obtain certain permits to build, developers may need approval from the city’s Planning Board. That’s because under city code, the city’s Planning Board can “call up” those permit applications and hold a public hearing before deciding to approve them.
This process typically adds weeks to the timeline for obtaining a permit, according to city officials. Often, the Planning Board decides not to call up a permit application. The result is a delay with no changes to the permit application.
City planners are recommending to allow certain permit applications, such as wetland and floodplain permits, to proceed with administrative approval. That means the Planning Board would not have a say.
Nonresidential uses in residential zoning districts
When a developer or business seeks to build in an area zoned as residential, they may need permission from the city’s Planning Board. This requirement dates back to the 1980s, when mixed-use zoning was a relatively new concept, according to city planners. These developments have become more common, particularly along 30th Street and the city’s downtown.
These applications are almost always approved, according to city planners. Even so, this requirement typically adds about 60 days to the permitting process.
City planners are suggesting allowing these projects to proceed without triggering the requirement for Planning Board approval. Under the proposal, the Planning Board could still call up the application, however.
Other changes designed to avoid permitting waits
Unless a development is “substantially complete,” many development approvals expire after about three years unless an extension is approved by the city and the Planning Board. City officials want to increase the amount of time developers have before needing an extension and to provide more “flexibility” with this requirement.
Similarly, if a developer seeks to make a change to a project before it’s complete, they may need to request a “site review amendment.” This process can take months and requires approval from the Planning Board. The city is proposing to raise the threshold for which minor changes require such approval.
Lastly, city officials are recommending a new permitting process for public art. Currently, art installed on private property is subject to the city’s “accessory structures” standards. This includes high limits, setbacks and solar shadow restrictions, among other standards. Determining what constitutes “art” may not be so simple, however.
Thanks for the concise report. These changes at the CIty would be very welcome, and are long overdue. Additionally the City needs to bring back the in-person meetings with Project Specialist (development review) Staff; it really helped answer questions quickly.
For decades, rather than thoughtfully plan for change, the prevailing attitude was to disallow or delay needed development that would accommodate an evolving regional economy. Ironically, the pedestrian character of old Boulder was compromised not by additional population, but by automotive sprawl and the additional 60,000 daily car trips resulting from an unwillingness to build compactly. The new policies are a step toward repairing the harm.