Land Development & Mapping
Planning & Entitlements
A clear approval path, a complete application, and steady follow-through with planning staff, from the first submittal to a decision.
What is a land use entitlement?
A land use entitlement is a planning approval from a city or county, such as a use permit, variance, rezoning or tentative map, that allows a property to be developed for a specific use, density and layout before building permits are issued.
The entitlement process, often called planning approval, settles what may be built before construction drawings start. Depending on the approval, planning staff, a zoning administrator, the planning commission or the elected board decides.
Entitlement work cannot promise an approval and is not legal advice. Before you buy, a feasibility study shows which approvals the site would need.
Deliverables
What's included in planning and entitlements
Scope follows the approvals your project needs. Work typically covers:
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Zoning research
Zoning, general plan, overlay and prior-approval research to identify the permits you need.
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Site plan exhibits
Site plans showing buildings, parking, access, setbacks and easements in the format the agency requires.
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Utility research & plans
Records research on water, sewer, storm drain and dry utilities, with a preliminary utility layout.
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Title & easement review
Review of the title report, recorded maps and easements that affect the site plan.
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Opinion of probable cost
An engineer's opinion of probable cost for site work and required off-site improvements.
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Impact fee analysis
City, county, special district and school fees, estimated from the agencies' published schedules.
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Application package
Forms, plans and technical exhibits assembled to the agency's published submittal checklist.
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Agency processing
Tracking completeness reviews, answering comments, and following conditions of approval through to permits.
When do you need a land use entitlement?
Local zoning and subdivision codes and state law decide which approvals, if any, the project needs.
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Adding a conditionally allowed use
Uses your zoning code lists as conditional need a use permit.
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Building outside zoning standards
A variance can grant setback, height or coverage relief on a constrained site.
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Dividing land into new lots
A tentative map, where required, is the first step toward parcel and subdivision maps.
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Moving lines between existing parcels
A lot line adjustment for up to four adjoining parcels needs city or county approval, not a subdivision map.
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Changing zoning or the general plan
The city council or board of supervisors adopts a rezoning or general plan amendment.
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Housing on infill sites
Check early whether state streamlining laws or Housing Accountability Act protections apply to the site.
Projects that meet zoning outright may need only ministerial review, though some cities make site plan or design review of the site layout discretionary.
Process
How the entitlement process works
Six steps from first research to building permits.
Research the site
We check zoning, the general plan, overlays, recorded maps, easements and utility records. Unclear property lines may call for a boundary survey.
Meet with planning staff
Where offered, a pre-application meeting with a concept site plan confirms the permit path, studies and submittal list.
Prepare the application
Site, utility and preliminary grading exhibits, fee estimates and consultants' studies are assembled to the agency's checklist.
Work through agency review
We answer each completeness letter and comment round, keeping exhibits and studies consistent across resubmittals.
Hearing and decision
After environmental review and any required hearing, the agency decides, usually with conditions of approval.
Carry conditions forward
Conditions flow into improvement plans, grading plans and final maps; we track each one through to building permits.
California rules
California requirements for land use entitlements
State law sets the framework; cities and counties add the details.
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Gov. Code §65300, §65358, §65860, §65589.5
Zoning must match the general plan
Every city and county must adopt a general plan (§65300), and zoning must be consistent with it, even in charter cities (§65860). A use the plan or zoning does not allow generally needs a plan amendment (§65358) or rezoning. For example, a housing project that matches the plan need not be rezoned where zoning conflicts with it (§65589.5(j)(4)).
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Gov. Code §65905, §65091, §65906
Use permits and variances usually need hearings
Variances and conditional use permits generally require a public hearing (§65905), noticed at least 10 days ahead and mailed to owners within 300 feet (§65091). A variance needs special circumstances, such as lot size, shape or topography, and cannot allow a use the zone does not (§65906).
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Gov. Code §65940, §65943, §65950
Completeness and decision deadlines
Under the Permit Streamlining Act, agencies list application requirements (§65940) and decide within 30 days whether an application is complete (§65943). For permits such as use permits and variances, the lead agency generally must act within 60 days of a negative declaration or exemption, or 180 days after certifying an environmental impact report (90 for housing projects) (§65950).
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Gov. Code §66001, §66020
Impact fees must be reasonably related
Under the Mitigation Fee Act, an agency imposing a development fee must identify its purpose and show a reasonable relationship between the fee, the facilities it funds and the project (§66001). An applicant can pay under protest and file the protest within 90 days after the fees are imposed (§66020).
Charter cities may set their own zoning procedures (Gov. Code §65803). Development in the coastal zone generally also needs a coastal development permit (Pub. Res. Code §30600), unless an exemption or categorical exclusion applies (§30610).
Sources & references
- Government Code §65943, Permit Streamlining Act: completeness review (California Legislative Information)
- Government Code §65905, public hearings on variances and use permits (California Legislative Information)
- Public Resources Code §21080, scope of the California Environmental Quality Act (California Legislative Information)
- Government Code §66001, Mitigation Fee Act findings (California Legislative Information)
- Government Code §65589.5, Housing Accountability Act (California Legislative Information)
Last reviewed .
Planning and entitlement FAQs
What is the difference between an entitlement and a building permit?
An entitlement is a planning approval that settles what may be built on a property: the use, density, layout and conditions. A building permit comes later and checks construction drawings against the building code. Discretionary approvals let the agency weigh a project and attach conditions; ministerial ones apply fixed standards.
Does my project need CEQA review?
CEQA review, under the California Environmental Quality Act, applies to discretionary projects a public agency approves, not ministerial ones (Public Resources Code 21080). The lead agency decides whether a project is exempt or needs a negative declaration or environmental impact report (EIR). Applicants typically supply technical studies.
Can a city deny a housing project that meets the zoning?
A housing project that meets objective general plan, zoning and subdivision standards can be denied or reduced in density only on written findings of a specific, adverse impact on public health or safety that cannot feasibly be mitigated (Housing Accountability Act, Government Code 65589.5). For a housing development project, a complete preliminary application generally locks in the ordinances, policies and standards in effect when it is submitted, if the full application follows within 180 days (Government Code 65941.1, 65589.5(o)).
Who prepares an entitlement application in California?
An entitlement application in California typically combines several professionals' work. Civil engineering plans and reports must be prepared by or under the responsible charge of a licensed civil engineer (Business and Professions Code 6735). Final and parcel maps must be prepared by or under the direction of a registered civil engineer or licensed land surveyor (Government Code 66434, 66445). A civil engineer licensed after January 1, 1982 also needs a land surveyor license to do the land surveying behind the map (Business and Professions Code 8731).
Do planning approvals expire?
Planning approvals in California can expire if a project stalls. An approved tentative map for a final map lasts 24 months, plus up to 24 more by local ordinance and extensions of up to six years on timely application (Government Code 66452.6). SB 1169 raises the base term to 48 months on January 1, 2027. Use permit and variance expiration is set locally.
What affects the cost and schedule of planning and entitlements?
The cost and schedule of planning and entitlements depend on the approval type, whether a hearing is needed, the level of CEQA review, required technical studies, the number of review rounds, and agency fees and workload. Share the address, your intended use, and any agency comments; the proposal then sets scope and timing.