California is the most populous state in the US. It experiences devastating wildfires frequently, while also having several Environmentally Sensitive Habitat Areas (ESHA). This can result in more complex regulations and public consultation requirements when it comes to planning applications. However, developing new residential, commercial, or industrial properties is still possible. It just requires a little more knowledge of the planning applications process.
1. Understanding Planning Applications
Planning applications in California cover a broad range of activities, from new construction to modifications of existing structures, changes in land use, and even large-scale infrastructure projects. The purpose is to ensure that the development complies with local zoning laws, environmental regulations, and land-use policies that guide the growth and sustainability of California communities.
Planning applications are required in every state, not just in California. But in California, every project must align with the local General Plan, which outlines the city or county’s vision for land use and growth. Failure to comply with regulations may result in rejection, legal disputes, or project delays.
Typical documents needed for submission include:
- Architectural plans that detail the proposed design, dimensions, and layout of the structure.
- Site plans showing the development in relation to property lines, access routes, and neighboring properties.
- Environmental impact reports or statements (if required under state law).
- Compliance documents that demonstrate adherence to zoning and land-use regulations.
Planning authorities may also ask for supporting studies, like traffic assessments or ecological surveys, depending on the size and location of the project.
2. Pre-application Process
The pre-application phase is an essential but often overlooked step in the planning process. It allows developers to consult with the planning authority before formally submitting their application. This preliminary consultation helps identify any potential issues early on, minimizing the likelihood of rejection or substantial delays during the formal application process.
Pre-application meetings typically involve local planners and other relevant departments, like environmental health or transportation. Topics that are often covered during this stage include:
- Zoning and land-use regulations: Determining whether the project complies with local zoning ordinances and identifying any potential deviations or variances required.
- Environmental considerations: Discussing potential environmental impacts and whether an Environmental Impact Report (EIR) is needed under the California Environmental Quality Act (CEQA).
- Community concerns: Identifying any local or neighborhood concerns that could arise during the public consultation phase, such as traffic, noise, or visual impacts.
While the pre-application process is optional, it is strongly recommended, especially for larger projects. Many local authorities in California charge a fee for this service, but the upfront cost is usually much lower than the expenses incurred from revising a rejected application. Additionally, pre-application consultations can reduce processing time, as potential issues are addressed early.
3. The Application Process
After gathering the necessary documents, including plans, assessments, and compliance reports, the formal planning application can be submitted to the local planning authority. This marks the start of a detailed review process that varies based on the size and scope of the project. In general, the steps involved in submitting a planning application in California include:
- Initial submission: The planning authority receives the application, which typically includes architectural drawings, site plans, and other documentation as required by local law. Digital submissions are becoming common, allowing for quicker processing and easier access to project information.
- Verification of completeness: The local planning authority will review the application to ensure that all required documents are included. If any documents are missing or incomplete, the authority will notify the applicant, potentially delaying the process.
- Environmental review: For projects subject to CEQA, an environmental review will be conducted. If required, the authority will assess the project’s impacts on air quality, water, wildlife, and the environment.
- Consultation with other departments: The planning authority may refer the application to other relevant departments, such as transportation, public health, and environmental services, for further review and feedback.
- Public notification: In most cases, the local community is notified of the application and given the opportunity to review and comment on the project. This public participation phase is a crucial step, particularly for larger developments.
- Final decision: Based on the findings of the environmental review, the feedback from other departments, and public comments, the planning authority will either approve, conditionally approve, or reject the application.
4. Public Consultation and Participation
Public consultation is a key aspect of the planning process, ensuring that developments take into account the views and concerns of the local community. Once a planning application is submitted, it enters a period of public consultation, during which local residents, community groups, and other stakeholders are invited to review and provide feedback on the proposed development.
Public Notices
The planning authority will issue notices, often mailed to nearby property owners, informing them of the proposed development and inviting comments.
Community Meetings
For larger or more controversial projects, public meetings may be held to discuss the project, address concerns, and gather feedback. These meetings provide a platform for developers to present their plans and hear directly from local residents.
Written Submissions
Members of the public can submit written comments expressing their support or opposition to the project. These comments are considered by the planning authority before making a final decision.
The goal of public consultation is to ensure that developments do not adversely affect the quality of life in the local area. Common concerns include traffic, noise, loss of green space, or neighborhood changes. Developers may need to make adjustments to their plans to address these issues, which can add to the timeline but ultimately help ensure a smoother approval process.
5. Dealing with Rejections and Appeals
Even after careful planning, a project may face rejection from the planning authority. Rejections can happen for several reasons, including non-compliance with zoning laws, failure to meet environmental standards, or objections raised during the public consultation phase. While a rejection can feel like a significant setback, it’s important to understand that it’s not the end of the road.
The local planning authority will provide a detailed explanation for the rejection, outlining areas where the project does not comply with regulations or where concerns were raised by stakeholders.
Common Reasons For Rejection
- Non-compliance with zoning laws: If the project does not meet zoning requirements, such as building height, land use, or density restrictions, it will likely be rejected.
- Environmental concerns: If an Environmental Impact Report (EIR) reveals that the project could cause harm to the environment, it may need to be revised to mitigate those impacts.
- Public opposition: Community objections, especially if related to significant issues like traffic congestion, loss of public spaces, or noise, can lead to rejection.
After receiving the rejection notice, developers have the option to modify their application or appeal the decision. Appeals are handled through the local planning authority’s appeals board, or in some cases, a higher state-level planning board. When appealing, it is important to provide additional documentation or adjustments to the plans that address the concerns raised. A successful appeal often depends on demonstrating that the project can be brought into compliance with existing regulations or that the concerns can be mitigated through design changes or additional measures.
6. Timeline and Expected Duration
The timeline for processing planning applications in California varies widely depending on a number of factors, including the complexity of the project, the need for environmental reviews, and the level of public involvement. For smaller, straightforward projects, the entire process may take a few weeks or months, while large-scale developments requiring extensive environmental assessments and public hearings could extend well over a year.
Some of the key factors that affect the duration include:
- Type of project: Minor alterations to existing structures or small residential projects typically have shorter processing times, while major commercial or multi-unit residential developments may take significantly longer.
- Environmental Impact Reports (EIRs): Projects requiring detailed environmental assessments under CEQA will face delays as these reports can take months to complete and review. The scope of the EIR, such as whether it examines impacts on water resources, wildlife, air quality, or traffic, can also extend the review period.
- Public hearings and consultations: If a project is subject to extensive public opposition or if community meetings are required, this can add additional months to the timeline as planners will need to address the concerns raised by local residents.
- Revisions and resubmissions: If the planning authority requests changes or additional documentation, the developer may need to revise the application and resubmit it. This can further extend the process depending on the complexity of the revisions required.
On average, the following timelines can be expected:
- Simple residential projects: 3–6 months
- Complex residential or commercial developments: 6–18 months
- Projects requiring full Environmental Impact Reports (EIR): 12–24 months
Staying in close communication with the planning authority and ensuring that all required documentation is accurate and complete can help minimize delays.
7. Planning Application Costs and Fees
The costs associated with planning applications in California vary greatly depending on the size and complexity of the project. Fees are typically calculated based on the type of development, the land area involved, and whether additional reviews or hearings are required. Developers should also account for the cost of hiring architects, environmental consultants, and legal advisers, as these services can add to the overall expense.
Application Submission Fees
Local authorities charge a base fee for reviewing planning applications in California. The cost is generally based on the type of development and may range from several hundred to thousands of dollars. Some local authorities, like Los Angeles, provide detailed fee schedules based on the scope and type of project.
Environmental Assessment Fees
Projects subject to CEQA may require the submission of an Environmental Impact Report (EIR), which involves additional costs. Hiring consultants for environmental assessments and reports can cost $10,000 to $100,000, depending on project scale.
Public Hearing Fees
If a public hearing is required, there may be additional fees to cover the administrative costs associated with organizing and conducting the hearing.
Consultant Fees
In addition to the fees paid directly to the local authority, developers will likely need to hire architects, engineers, and other consultants to prepare the necessary plans, environmental reports, and impact assessments.
8. Technology and Online Resources
As the planning application process becomes more digitized, developers and homeowners have access to a growing number of online tools that can simplify and speed up the process. Many local authorities in California now offer online submission portals, allowing applicants to submit documents, track progress, and communicate with planning staff digitally. This can help reduce errors and streamline the application process.
Planning and building departments that haven’t switched to online submissions should consider Archistar’s eCheck platform. Fully integrating with all local planning and building regulations, eCheck allows developers to check if their application meets all requirements. This check is carried out before final submission, allowing developers to make adjustments where necessary, and potentially saving weeks on the planning applications process.
Most local authorities also offer online access to their General Plan and essential regulations relating to planning and building in California.
