Is CEQA the Main Impediment to Housing Construction in California?

According to a new study by UC Berkeley and Columbia University, local land use processes, specifically the approval process, rather than the California Environmental Quality Act, is the main impediment to housing production in California.

3 minute read

February 24, 2018, 7:00 AM PST

By Irvin Dawid


San Francisco Street

welcomia / Shutterstock

"The real problem isn’t CEQA, but rather how local governments approve projects, the report said," writes Liam Dillon for the Los Angeles Times on Feb. 20.

CEQA only comes into play if a city or county decides to review housing developments individually. If a local government relies on zoning or other processes to determine whether a particular project gets built, developers don’t have to go through the CEQA process.

“It’s a choice that local governments are making,” said Eric Biber, a law professor at UC Berkeley and one of the report’s authors.

In a column last October for CityWatch, a Los Angeles' opinion, news and information website, Biber wrote, "CEQA only applies to a project if the local government’s land-use approval process is discretionary. If the project is 'as of right,' as a general matter, no CEQA compliance is required."

The BerkeleyLaw report, "Getting it Right: Examining the Local Land Use Entitlement Process in California to Inform Policy and Process," released this month, examined five Bay Area cities: San Francisco, Oakland, San Jose, Redwood City and Palo Alto. 

Key Findings (from BerkleyLaw webpage):

We found that these local governments are imposing discretionary review processes on all residential development projects of five or more units within their borders. That means even if these developments comply with the underlying zoning code, they require additional scrutiny from the local government before obtaining a building permit.

This triggers CEQA review of these projects. In other words, what drives whether and how environmental review occurs for residential projects is local land-use law. Our data shows that in many cases, these cities appear to impose redundant or multiple layers of discretionary review on projects.

However, individual CEQA review was required by only 20 percent of the developments in the five cities during the study period. notes Dillan. "The remainder didn’t have to go through that analysis because of prior environmental reviews and other exemptions."

Recommendation (italics added):

The value of improving access to good data cannot be overstated.

Although top-down state reform of environmental regulations (or local regulation over land use) may encounter substantial difficulties, something the state could do now would be to provide guidance to jurisdictions on how to provide better access to accurate project-specific data on land use approvals, and require all jurisdictions to maintain relevant data in a central repository.

Legislation

Dillan reports that Biber praised last year's controversial housing bill, SB 35, by Sen. Scott Wiener, Democrat from San Francisco, signed into law by Gov. Jerry Brown last July, that streamlines the approval process for eligible housing developments in all but 13 of California's 482 cities and 58 counties. 

The 26-page working paper [pdf] was co-written by:

  • Giulia Gualco-Nelson, JD, University of California at Berkeley, Berkeley Law 
  • Moira O’Neill, JD Associate Research Scientist, Law and City & Regional Planning, Institute of Urban and Regional Development, University of California at Berkeley; Adjunct Associate Research Scholar, Graduate School of Architecture Planning and Preservation, Columbia University.

Bottom Line

“This is much more than CEQA,” Biber said. “Really if you just went after CEQA, you’re not going to solve the problem.”

Hat tip to Gladwyn d'Souza.

Tuesday, February 20, 2018 in Los Angeles Times

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of park ranger in green jacket and khaki hat looking out at Bryce Canyon National Park red rock formations.

National Parks Layoffs Will Cause Communities to Lose Billions

Thousands of essential park workers were laid off this week, just before the busy spring break season.

February 18, 2025 - National Parks Traveler

Paved walking path next to canal in The Woodlands, Texas with office buildings in background.

Retro-silient?: America’s First “Eco-burb,” The Woodlands Turns 50

A master-planned community north of Houston offers lessons on green infrastructure and resilient design, but falls short of its founder’s lofty affordability and walkability goals.

February 19, 2025 - Greg Flisram

Small rural USPS post office in manufactured one-story grey building with American flag in front.

Delivering for America Plan Will Downgrade Mail Service in at Least 49.5 Percent of Zip Codes

Republican and Democrat lawmakers criticize the plan for its disproportionate negative impact on rural communities.

February 12, 2025 - Cowboy State Daily

Chicago

Test News Post 1

This is a summary

April 8 - 2TheAdvocate.com

test alt text

Test News Headline 46

Test for the image on the front page.

March 5 - Cleantech blog

Military humvee driving through gate at Fort Indiantown Gap Natl Guard training center in Pennsylvania surrounded by winter trees and dead leaves.

Balancing Bombs and Butterflies: How the National Guard Protects a Rare Species

The National Guard at Fort Indiantown Gap uses GIS technology and land management strategies to balance military training with conservation efforts, ensuring the survival of the rare eastern regal fritillary butterfly.

February 24 - Esri Blog