The Boulder City Council on June 6 unanimously approved an ordinance aimed at drastically reducing the time it takes for small businesses to get certain development applications approved. The goal is to eliminate bureaucratic hassles that have cost small businesses unnecessary time and money for minor or straightforward projects.
The new rules, which will take effect as soon as next month, create a streamlined development review process for certain projects, such as relocating a restaurant or building an indoor gym. A review process that currently takes about seven months on average may now be completed in a matter of weeks, according to city officials.
The new rules come at a time when businesses owners, particularly new restaurants and cafes, have complained about long wait times for minor renovations, costing them time and money. These wait times can be even longer for smaller businesses unfamiliar with navigating the city’s permitting processes or unable to hire consultants for help.
“We welcome this, and also continued feedback, about how we can continue to make these processes more straightforward so that we get the outcomes that we want for our community and don’t create an unnecessary burden,” Councilmember Lauren Folkerts said during the council meeting.
“This is a huge positive step forward,” Mayor Aaron Brockett said.
For years, the city’s Planning and Development Services Department has been working on revising its internal processes to improve efficiency. The latest changes came after councilmembers urged the department to cut unnecessary red tape for small businesses and simplify the development review process.
Last year, permitting wait times were a key factor in the closure of Fresh Thyme’s Bodega, according to its owner. A new coffee shop owner waited over 400 days for permit approval, while still paying rent for a storefront on Pearl Street. Illegal Pete’s delayed its opening of its restaurant in South Boulder due to permitting delays. An owner of Jet’s Pizza described the development application process as a series of “so many disappointments.” Vintage Garage Sale, which sells clothes, tacos and alcohol, faced years of permitting hiccups, its owner said.
The new code changes create a “minor use review” process for certain projects, replacing the more complicated and time-consuming “use-review” application process, which is intended to make sure the use of the building is compatible with the area. Such applications are typically required for business owners to set up in a new space.
Under the current process, the city’s Planning Board and Boulder City Council can decide whether to “call up” these use-review applications and hold a public hearing. Even if a project is not called up for hearing, this step requires city planners to write a report, city attorneys to review it, and officials to schedule a time for the Planning Board and city council to decide whether to weigh in. City officials also have to attend evening meetings just in case the case is called up.
City officials have said the median approval time is nearly seven months. During this time, businesses may be paying double rent while they wait for approval. By eliminating the call-up requirement for board and council approval, city officials estimate they can shave about six months off the approval process.
The council also approved other changes to reduce times to get flood and wetland permits. It will also be easier for certain business owners to set up in residential areas if they are taking over a space already occupied by a business, such as an acupuncturist taking over a dentist’s office.
Danica Powell, founder of Trestle Strategy Group and a consultant for businesses and developers, said the changes will make it easier for small businesses to navigate the development review process.
“These are all great fixes,” Powell told Boulder Reporting Lab. “Hopefully it will attract more businesses to do work here and it will be less daunting.”
And this could not have been done years ago?
Yea you really have to wonder why this took years to do.
Yes, it would be good to know if the City is planning any reparations for causing small business to close due to this careless and reckless process brought about by the pandemic.
I used to own Fresh Thymes Eatery, Bodega, Marketplace and am STILL paying for the irresponsibility of the City to process my permit. This delay not only caused three thriving businesses to close to the devastation of the community, but also resulted in personal losses to myself that will be ongoing for me for the duration of my lifetime including bankruptcy, divorce and the sale of my home.
For context, I opened Fresh Thymes in August of 2013. I signed my lease in May of 2013. It took me four months to get a permit, complete construction and open.
By contrast, it took one year for me to get a permit and open the Bodega. This is inexcusable and reparations should be considered for certain businesses.
Is this what the community and the City desires of the small businesses the City process has created an undue financial burden upon?
Agree with all previous comments. Why did this take so long? The problems have long been obvious. City Council always feels good about doing something that is commonsensical and rational, but it is usually bittersweet because it should have been done long ago in most cases. They should be able to grasp a big picture sense of things but it rarely happens. Council did take the initiative to put the planning depts feet to the fire on this, though. It’s the easiest thing ever to turn a blind eye to bureaucracy so at least they made these simple changes. City council should take a more active leadership role in many other areas of policy change too, and not just passively review and make comments on what staff is bringing to the table. Think like an evaluator, it’s not difficult unless you are very fond of routine and can’t think outside the box!