The Public Eye—Discretionary Conditions: How Developers Win
Your neighbor has built her heavily chlorinated hot tub eight feet closer to your kitchen window than allowed by her use permit? Food is being served by the religious organization down the block earlier and later than its permit specifies? A developer is hosting riots downtown instead of the cultural uses commanded by his permit? Good luck in getting the City of Berkeley to enforce any of these use permit conditions, which were put in place, after all, to protect the citizenry’s quality of life. It doesn’t have to. And it probably won’t. -more-