Entitlement Evaluation Report

The full Entitlement Evaluation Report is intended to combine elements of the other four products, along with a comprehensive on-site review of the planning and zoning regulatory environment, into a single document.

The Entitlement Evaluation Report, which includes a site visit and inspection, typically focuses on zoning code issues such as height, setback, parking and density; general/comprehensive plan consistency; and discretionary approvals such as conditional/special use, zone changes and variances. This type of report tends to directed to equity interests concerned with understanding the chronology of planning actions with respect to the subject property and dealing with the current and future implications of those actions.

1. On-site research:
   The basic elements of the Entitlement Evaluation are outlined below:
   1. Determination of the current Zoning Designation
   • Complete Zoning Analysis (including a list of permitted uses or testing against a proposed use)
   2. Parking count comparison with code required parking
      • Height, setback and density review (based on an on-site inspection)
      • In the case of vacant land or redevelopment situations, provide an entitlement summary of potential height, setback, density and parking limitations (based on information available on-site)
   3. Review of prior and pending discretionary approvals, including Planned Unit Developments (PUD’s), development agreements, conditional/special use permits, variances, zone changes, subdivisions and street (ROW) dedications/vacations.
   4. Review of easements and CC&R’s
      • Review of General/Comprehensive Plan consistency
      • Public record search for open zoning code violation issues

These elements can be combined with a Zoning Verification Letter, a Building Code Compliance Review, and a Permit and License review to provide an overall look at the regulatory framework constraining a selected property.

The summation of the report will address the following series of seven specific questions that tend to guide the decision making process of the attorneys involved in the transaction. The questions, which go to the heart of the Due Diligence process as it relates to zoning and entitlements, are answered based on the information contained in the body of the document:

1. Is the existing use of the site (or the proposed use of the site) permitted by the current zoning designation? Hence, is the current use a conforming or non-conforming to the requirements of the zoning code?

2. Was the approval of the existing project the subject of a discretionary action on the part of the local jurisdiction, or is the proposed use subject to discretionary approval, such as a conditional or special use permit, zone change or variance?

3. Is the existing building a conforming structure with regard to density, height, setback and parking requirements? Alternatively, does the proposed building conform to the density, height, setback and parking requirements of the code?

4. Are there any open building or zoning code violations on file with the local jurisdiction?

5. Does the existing building have a valid Certificate of Occupancy which permits the current use of the facility?

6. Does the project have the required local, state and federal permits and licenses necessary to legally operate the current use?

7. The key question in the due diligence exercise is can the existing facility be rebuilt to its current configuration in the event of a catastrophic loss?