Entitlement Process Overview

  • General Plan and Amendment Process
  • Zoning - Community Master Plan - Village Plan - Multi-Family
  • Preliminary Plat
  • Final Plat
  • Improvement Plans
  • Permitting (City, County and State Levels)
  • Assured Water Supply (100 year AWS)
  • Development Agreements (Municipal and with other developers)
  • School Agreements and Student Housing
  • Reimbursement Agreements (CFD's, CDD's, Impact Fees)
  • Other Project Specific Agreements (JDA's, Irr. Districts, CAWCD)

Entitlement Process - General Plan, Zoning and Preliminary Plat

  • General Plan
    • General Plan designation does not equal zoning
    • Creates presumption of probable land use
    • Under Growing Smarter updated every 5 - 10 years and approved by public vote

  • Zoning
    • Determines legally permissible land use
    • Legislative action - "Referable" to the voters
    • Approval often accompanied by "Stipulations"

  • Preliminary Plat
    • 2 Dimensional
    • Confirms lot yield and general City planning and engineering requirements
    • Generally "Vests" zoning approvals, but can expire

Entitlement Process - Final Plat and Improvement Plans

  • Final Plat
    • Legally creates lots - unique APN's for each lot
    • Supported by improvement plans

  • Improvement Plans (Off-Site and In-tract)
    • Grading, Paving and Drainage
    • Sewer and Water
    • Dry Utilities (Electric, Telecom, Gas, CATV)
    • Landscape
    • Amenities

Entitlement Process - Off-Site vs. In-tracts

  • Off-Site Improvements
    • Off-site improvements typically control the schedule of a project (i.e. harder to control items outside out box)
    • Provide utility services/access to entire projects or parcels, not individual lots
    • Regional improvements - freeway interchanges, arterial streets, sewer/water mains and treatment plants, etc.
    • Project-Serving - major collector streets, potable water wells, community amenities, etc.

  • In-tract Improvements
    • Access and utilities to individual lots
    • Neighborhood open space and amenities

Entitlement Process - Permitting

  • Lots of rules from City to County to State to Federal
  • Permits = regulatory authorization to construct
  • Administratively permits tie approved improvement plans to construction to inspection to acceptance

  • There are many types of permits, and the list keeps growing:
    • Municipal Construction Permits (grading, sewer, water, etc.)
    • County Environmental Services Dept. (ESD) Sanitary Sewer Approval to Construct and Operate
    • SWPPP and Notice of Intent to Construct (NOI)
    • ESD Dust Control Permit
    • WRF Permitting (City, County, State and Federal)
    • State Pollution Discharge Elimination System (PDES)
    • USACOE Permit 404 (Wetlands/Waters of the US)

Entitlement Process

  • The Entitlement Team is responsible for processing all project entitlements
    • Timeframes vary by municipality, but on average it takes 18 - 36 months to process a zoning case or master plan in Arizona and longer in California
    • Preliminary Plats take approximately 6 - 9 months
    • Final Plats and Engineering approval takes an average of 9 - 12 months
    • A complex, raw land projects will take 3-4 years to entitle

  • The Entitlement Team tracks the entitlement and development activities in MS Project, Timeline, Lot Availability, Plan Tracking and other land tools

  • For larger, more complex, projects we will engage specialists:
    • Attorneys (zoning, water, environmental, development agreement, CFD, CDD, Industrial Bonds etc.)
    • On deals that include a 404 Permit we engage an Environmental Attorney and/or Consultant

Entitlement Process - Entitlement Tools

  • Entitlement and Construction Schedules in MS Project
  • Timeline
  • Lot and Super Pad Availability
  • Production Planning Management Tool
  • Duration Summary

Project Due Diligence

  • Entitlement Checklist

Feasibility Preparation

  • Standard Microsoft Project Schedule
  • Standard Budget and Cash Flow
  • Timeline

Other Entitlement Challenges

  • 404 Permits (individual): 24 - 36 months
  • Analysis Assured Water Supply (AAWA): 9 months
  • Certificate of Assured Water Supply: 12 months
  • MAG 208 or SEAGO 206 Approval (sewer capacity): 18 -24 months
  • Various Permits (APP, USF, Interim Fill, Service Area, well drilling permits, etc.)
  • Archeology and Endangered Species
  • Impact Fees range from $7,000 - $26,000

Entitlement & Development Common Task - Bidding & Contract Administration

  • Determine Procurement Approach
    • Determine public vs. private bid process
    • Design - Bid - Build
    • Design - Build
    • Construction Manager at-risk

  • Constructability Reviews

  • Bid Package Preparation
    • Scope of Work (Schedule A)

  • Pre-Bid Meetings