Its useful for a project sponsor, especially for one whose never been involved in a planning approval before, to get at least a general view of the process. If nothing more, it begins to familiarize you with the basic steps, the players and the language and to explain why final approval often takes a very long time. The reality of the process is exceedingly complex.
CEQA – California Environmental Quality Act
CEQA was enacted in 1970 as a statewide policy for environmental protection. It doesn’t regulate development directly but requires state and local agencies to adopt a procedure to evaluate and disclose the environmental impact of any project and adopt all feasible measures to mitigate those impacts. Buried in this seemingly simple language is the phrase “all feasible measures” that makes implementation of this procedure immensely complex and controversial.
This process begins with an Initial Study that evaluates the potential environmental impact of the project considering the eighteen areas:
- Aesthetics
- Biologocal Resources
- Greenhouse Gas Emission
- Land Use/Planning
- Population/Housing
- Transportation/Traffic
- Agriculture/Forestry
- Cultural Resources
- Hazards/Hazardous Materials
- Mineral Resources
- Public Services
- Tribal Cultural Resources
- Air Quality
- Geology/Soils
- Hydrology/Water Quality
- Noise
- Recreation
- Utilities/Service System
This is a huge broad spectrum. There are several outcomes to this evaluation. The first two are the good outcomes. The other two, not so much.
- Statutory or Categorical exemption – Certain types of project are exempt from review, such as single family houses. Sounds simple, but there’s a 44 page document citing 32 separate types of categorical exemption.
- Negative Declaration – The staff reviews the project impact on the eighteen criteria above and finds that there is no significant impact and issues a Negative Declaration. In both these first two outcomes, you move on, subject to possible appeals and litigation.
- Mitigated Negative Declaration – The staff reviews the project on the eighteen criteria above and finds limited impact in one or more area. This can be handled in a much more limited process. But that’s not always true, a Mitigated Negative Declaration has a tendency to grow as it is pursued sometimes blossoming into a full EIR.
- EIR – Environmental Impact Report – This is the whole enchalada, evaluating and developing mitigation measures on many or all of the above eighteen criteria. Figure at least a year and six figures.
The final step is certification of either the MitigatedNegative Declaration or the EIR. For a hint at the complexity of the process see this CEQA Process Flow Chart
Review by local planning authority
Your project will be reviewed by the local planning authority. The best outcome is that they find that your project complies in every respect to both zoning and planning ordinances.
Or your project needs an exception to the Zoning or Planning Code. For example, you are proposing an educational use in a residential zone or you are asking for an exception to a setback, height or parking requirement.
To approve your request, the agency must make a finding that the your request is reasonable. While every jurisdiction is different, these findings are similar. Here is an example from the City of Berkeley.
1. There are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same District;
2. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the subject property’s owner;
3. The establishment, maintenance or operation of the use or the construction of a building, structure or addition thereof, to be approved will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood; and that the granting of the Variance will promote the municipal health, welfare and safety and benefit the City as a whole;
I include this here to illustrate the challenge one faces in meeting the standards of these findings and the latitude that opponent have to challenge the request.
These are the steps in the process:
These steps apply to both the environmental review and planning review which may be pursed one after the other or simultaneously.
- Staff review – If you are asking for some exception, staff will guide you to prepare an initial application. They guide you through the entire process.
- Zoning Administrator – If staff feels this is a simple and non-contraversial project a Zoning Administrator or some similar official may make a judgement. This is an administrative action without a public hearing. This may be the end of the process.
- Design Review, Landmarks Board, Planning Commission – If staff feels the project is more complex they will refer your project to one or more Commissions: The staff will require a more detail submittal of design and technial information prior to any hearing allowing sufficient time for public review. The Commission will either approve of deny the application.
- City or County Council – This is the final step. If approved by the relevant commissions, the Council may approve or deny the application, but in some cases the project may be referred back to the Planning Commission for further consideration.
Sounds simple but these commissions and boards invite public comment and hold public hearings, which are often lively with rooms full of ardent citizens. It’s not uncommon for there to be multiple hearings at each level often separated by a month or more.
At every level an approval or denial may be appealed to the next higher body. And finally any approval or denial may be litigated.
This is just a hint of how complex, frustrating, time consuming and expensive this may be.
LAFCO – Local Agency Formation Commission
This doesn’t apply to most projects within a City Limits so I included it at the end.
California is divided into 58 counties. Within those counties are cities who administer development within their boundaries. Development outside of cities is administered by the county. In addition there is a web of overlapping utility and service districts throughout the state.
A particular project may need a change in city limits or utility & service districts but there are hotly contended issues of economic development verses urban sprawl, agricultural and forest land preservation, environmental and resource protection that make this a real challenge. LAFCO is the agency that administers any change and adds another layer of approvals similar to that of CEQA and City Planning.
Acknowlegments – I’m not a scholar of the entitlement process, but I do have a funtional working knowledge with project approvals in a wide variety of jurisdictions. I’ve served on commissions and I often explain the process to my clients. However, I want to credit Matt Taecker, Matt Taecker Planning & Design, a planning and urban design consultant and Marty Zwick, Zwick Architects an architect and planning code whisperer, for their advice and comments.