Land Use, Zoning, and Environmental Review: General Plans, Ordinances, and CEQA
The general plan is the constitution
Every city and county must adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety. Zoning, subdivisions, and public works must be consistent with it. The housing element is updated on a cycle and must accommodate the jurisdiction's RHNA allocation, with HCD review.
Zoning and entitlements
The zoning ordinance sets permitted uses, density, height, setbacks, and parking. A variance requires findings of special circumstance, no special privilege, and no adverse effect on the neighborhood; a conditional use permit requires findings that the use is compatible at that location. Nonconforming uses may continue but generally cannot be expanded without conforming. Discretionary approvals - use permits, variances, tentative maps, and design review - are the points where CEQA attaches.
CEQA
CEQA applies to discretionary projects carried out or approved by public agencies. The lead agency completes an initial study and files a notice of exemption, a negative declaration, a mitigated negative declaration, or an EIR. The fair argument standard governs whether an EIR is required. Significant impacts must be mitigated or overridden with a statement of overriding considerations. Limitations periods are short, typically 30 days after the notice of determination.
Traps
Assuming a building permit alone triggers CEQA, when ministerial acts are exempt; confusing an exemption with a negative declaration; treating design review as ministerial; forgetting the project description frames the whole analysis.
Rule of thumb
Ask two questions: is there a discretionary approval, and is there substantial evidence in the record of a significant environmental effect? If both are yes, plan for an EIR.