Zoning & entitlements
By-right development
Development approved without discretionary review — judged only against objective standards, with no CEQA process or hearing that can stop it.
Definition
A project proceeds "by right" when approval requires no conditional use permit or other discretionary review: staff checks the application against objective standards, and the approval is not a discretionary "project" for CEQA purposes. Design review may still occur, but it must be objective.
California's production statutes lean on the concept: housing-element rezoned sites carry by-right obligations under Housing Element Law, SB 35/SB 423 makes qualifying infill ministerial, and AB 2011 and SB 79 extend by-right approval to commercial corridors and transit-adjacent sites.
Why it matters in an underwrite
By-right status removes the two costliest schedule risks — CEQA litigation and discretionary denial — and compresses entitlement from years to months of carry. The trade is eligibility: affordability set-asides and, on AB 2011 and larger SB 423 projects, prevailing-wage and related labor standards. Underwrite those costs against the certainty gained; on contested sites, the certainty usually wins.
Sources & related guides
See also
See the term in the law itself
Read the controlling text in the Code Library, or ask the AI how it applies to your project.
Last reviewed 2026-07-29. General information, not legal advice.