Land Use and Development

Key Documents
Local governments balance the rights and needs of owners with the needs and safety of the community in deciding how land can be used and under what circumstances. How you can use your land depends on where the land is located, what types of resources are affected by your activity, and what you want to do.

The General Plan, a document prepared by each local government under guidelines specified by state law guides land use decisions and activities. A General Plan has two main parts:

1. A land use map showing where different types of events and activities are permitted.
2. The text or elements of policy in these areas such as land use, transportation, public safety, public facilities, and others. Your project must be consistent with all parts of a General Plan.

The local Zoning Ordinance of each town, city and county implements the General Plan by creating specific zoning districts where different land uses are allowed or can be considered. A map shows what Zoning District is assigned to each parcel and a written ordinance describes the allowed uses, densities and restrictions within each district. Other codes or ordinances can affect such things as tree removal, construction of "granny units" or outbuildings, construction standards, and fire safety, among others.

Single Projects, Multiple Permits, Multiple Jurisdictions
Most simple projects require only one permit or maybe none, but many other projects, although seemingly simple, require a variety of local, state, or federal permits or approvals. Be aware that multiple permits or applications may be necessary later even though initial project approval begins at the local level. Sometimes even if you obtain local approval, your initial efforts may be wasted if your project cannot be approved later by another agency.

Sonoma County is divided between agency jurisdiction in the areas of air quality and water quality regulations. Some parts of the county are regulated under the jurisdiction of Bay Area agencies. In other areas, regulations may overlap with other northern counties. Not only does this mean applying to a different agency, but probably involves meeting additional requirements.

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Frequently Asked Questions (FAQs)

Identifying a project's environmental impact is one of the most complicated parts of the land development permitting process.

1. Who decides if a project is exempt from the California Environmental Quality Act (CEQA)?

The law that requires environmental studies allows a number of statutory or categorical exemptions from this regulation. The agency staff decides if your project qualifies for an exemption from a study or hearing.  

2. If the project is not exempt from environmental study, what happens next?

An initial study is done by agency staff to determine what impact the project might have on the environment. If the initial study finds no potential for significant impacts, a negative declaration is issued. If the project impacts the environment, the agency identifies and requires the mitigation measures you need to take to eliminate the impacts, resulting in a mitigated negative declaration. Complicated or larger problems that the initial study identifies may entail the preparation of an Environmental Impact Report (EIR)—a more detailed analysis of the concerns identified in the initial study—with recommended mitigation measures again offered for any potentially significant impact.  

3. If my project is subject to further review, what is the basic process of approval?

If your project receives a negative declaration, mitigated negative declaration, or an environmental impact report, a public comment period follows which may include a public hearing. The study results are either approved at the same time as the project or prior to project hearings and action, depending upon the procedures in each local jurisdiction.

4. After my project is approved with mitigations, then what?

To ensure that the mitigations identified in the environmental study are carried out, a mitigation monitoring plan specifies who, when, and how the mitigations must be resolved. In some circumstances, an applicant may offer alternative specifications based on project changes, but the applicant must show that the alternative accomplishes the same goal as the mitigation identified in the EIR or negative declaration.

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Steps for Local Land Use Permits

1. First Step Find out what permits or approvals are needed, obtain the right forms and guidelines, and prepare your application. Before submitting a detailed plan, most city and county agencies encourage you to meet early with staff to ensure you understand the requirements and process.  

2. Submit Your Application After submitting the application, the agency staff reviews it. If it is incomplete, the agency identifies what information you need to complete it. The project is not accepted and processed until the application is completed. Check with the appropriate permitting agency to see if a meeting can be arranged prior to submitting the application so that you understand what is required.

3. Referral To Other Agencies Once the application is complete, the agency staff begins a review of the project to determine whether it complies with zoning codes and other requirements. During the review process, the project is forwarded to other agencies for comment as appropriate. Many of these agencies also forward certain types of projects to public parties or interested groups for comment.  

4. Environmental Review and Mitigation The project also is evaluated for possible environmental impacts and methods to reduce or mitigate these impacts. This process is mandated by the California Environmental Quality Act (CEQA), and except for certain types of exempt projects, involves the preparation of an initial study. The outcome of the initial study determines if an EIR needs to be prepared. The resulting analysis and recommended mitigations continue with the project throughout the approval process.

5. Public Hearings and Comment Many projects require a public comment period and/or a public hearing. If a hearing is required, a public notice process is begun by the agency considering the project. More complicated projects often require several public hearings before different commissions or boards before a final decision is made.  

6. Making the Decision All projects are either approved or denied. For simple projects, this approval often is done by agency staff at the public counter. More complicated projects require more stages, and typically require higher levels of approval. In most cases, an approval by agency staff or mid-level commission can be appealed to the highest level of elected officials for that jurisdiction, either a City Council or Board of Supervisors.

7. Last Step After final approval, remember that many of the conditions or requirements may trigger inspections or routine progress checks by agency staff. It is your responsibility to review and understand the project approval contingencies and make sure to follow them.

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Your Rights and Responsibilities

Your Responsibilities
Submit a complete application. Ensure that your application contains all the required information. If it is incomplete, your application may not be processed and deadlines for agency action may be delayed. Review the agency’s checklist and ask questions to ensure you understand what information they need.

Contact all appropriate agencies. If your project requires a separate permit from another agency, it is your responsibility to contact and apply to those agencies. Failure to obtain all permits exposes you to fines and may jeopardize the approval of your main planning permit.

Providing consistent information. Permits are valid only if all the information you provide is correct and complete. If you change your project after obtaining permits or submit inconsistent information on various applications, you may end up with invalid permits resulting in agency fines.

Your Rights
Timely processing of your application. Once your application is accepted as complete, many permits carry state-imposed deadlines in which an agency must act on an application. Most local jurisdictions set performance deadlines for processing different types of requests.

Resolution of conflicting requirements. If different agencies impose conflicting requirements or conditions, most agencies cooperate to find a solution. State agencies address this problem in several ways, including a "master permit" process that allows one agency to control the conditions, mediation or appeal procedures.

Appeal agency requirements or restrictions. Many local and state permit procedures include an appeal process for denials or conditions of approval. In most cases, the appeal must take place within a stated timeframe, requires a filing fee, and a "show cause" for the request. Appeal processes may also involve a public hearing. No formal appeal process is available for Army Corps of Engineers permits.

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