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San Jose business owners want the permit process streamlined

By Eli Segall/p>

When Dan Doherty decided to open Smoke Tiki Lounge and Barbecue in downtown San Jose, he assumed the process of filing permits and ensuring code compliance with the city of San Jose would be a piece of cake.

Doherty had no reason to believe otherwise; he purchased and refurbished Mission Ale House on E. Santa Clara Street 11 years ago, and that process took a few months and cost less than $10,000. His second business, however, proved to be the exact opposite: Doherty spent 1 1/2 years and nearly $100,000 on permits and fees before opening the Post Street establishment.

"There is a head-to-toe problem in the city," said Doherty, who opened Smoke in December 2005.

Business owners and community leaders across San Jose echo Doherty's sentiments. For entrepreneurs, knowing how to properly navigate city bureaucracy, and learning which divisions issue permits, filing deadlines and fees and code specifications often proves a frustrating, time-consuming process.

"A lot of times, city staff doesn't tell you what the next step is," said Steve Tedesco, former president and CEO of the San Jose Silicon Valley Chamber of Commerce and current runoff candidate for San Jose City Council District 6. "We can't expect a bakery owner to understand every fee and permit; let the bureaucrats do what they do and the business people do what they do."

To improve permit processing and assistance, the city council on Jan 9 approved a new job classification, principal permit specialist. This supervisor-level post will help oversee construction reviews, permit issuance and customer service, according to a recent report from the city's human resources department.

Opening a business, however, requires more than paperwork.

"It's a brain-hemorrhaging experience for me," said Paulo Hernandez, a land use consultant and owner of San Jose-based JPH Consulting. "On paper the city has all the right systems in place, but for some reason communication between and within departments becomes an issue."

John Ruch, a supervising building inspector with the city's planning department, acknowledged the problem of inspectors contradicting each other and said it is something the department aims to improve.

"No two businesses are the same, and the planning code was written intentionally vague to give latitude in interpretation," Ruch said. "There is a human factor to this."