📋 What is a Permit Denial Demand?

When a California city or county denies your application for a building permit, business permit, or conditional use permit, you have legal rights to challenge that decision. Local governments must follow both state law and their own municipal codes when processing permit applications. This guide covers your rights under the California Planning and Zoning Law, the Permit Streamlining Act, and local appeal procedures.

Types of Permits Covered

🏗 Building Permits

New construction, additions, remodels, electrical, plumbing, mechanical, grading permits governed by California Building Code and local amendments

💼 Business Permits

Business licenses, home occupation permits, health permits, alcohol licenses (ABC), cannabis permits under local and state regulations

🏠 Conditional Use Permits (CUP)

Special uses requiring planning commission approval - restaurants, daycares, religious facilities, multi-family housing in single-family zones

📄 Discretionary Approvals

Site plan review, design review, subdivision maps, lot line adjustments, variances requiring planning commission or council action

👍 Your Rights When a Permit is Denied

  • Written explanation - The agency must tell you why your permit was denied
  • Administrative appeal - Most jurisdictions allow appeal to planning commission or city council
  • Timely processing - Permit Streamlining Act sets deadlines for government action
  • Judicial review - File a writ of mandate if administrative appeals fail
  • Damages - In some cases, recover losses caused by improper denial

Common Reasons for Permit Denial

📝 Zoning Non-Compliance

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The proposed use or structure doesn't comply with the zoning designation, setback requirements, height limits, lot coverage, or parking requirements. However, you may be able to apply for a variance under Gov. Code 65906 if you can show hardship and that the variance won't harm neighbors.

🛠 Building Code Violations

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Plans don't meet California Building Code, fire code, electrical code, or other technical requirements. These are often curable by revising plans to meet code. Request specific code sections cited and work with your architect or engineer to address them.

🌱 Environmental Concerns (CEQA)

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The California Environmental Quality Act (CEQA) requires environmental review for discretionary projects. Denial may be based on potential environmental impacts. You may challenge whether CEQA applies, whether the agency used the correct level of review, or whether mitigation measures can address impacts.

👥 Neighborhood Opposition

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Strong neighbor opposition at public hearings can influence planning commission decisions. However, denial must be based on legitimate land use grounds, not just politics. If your project complies with code, neighbor opposition alone is not a valid denial reason.

⚠ Strict Deadlines Apply

Government Code 65009(c) imposes strict deadlines to challenge planning decisions. You typically have only 90 days to file a lawsuit challenging CEQA determinations, and local appeals often must be filed within 10-15 days of the decision. Check your denial letter and local ordinances immediately.

✅ Evidence Checklist

Gather these documents before sending your demand letter or filing an appeal.

📄 Application Documents

  • ✓ Complete copy of your permit application
  • ✓ All plans, drawings, and specifications submitted
  • ✓ Application fee receipts
  • ✓ Any supplemental materials requested by agency

📩 Agency Correspondence

  • ✓ Official denial letter with stated reasons
  • ✓ All emails and letters from planning staff
  • ✓ Completeness letters and deficiency notices
  • ✓ Notes from meetings with city staff

📚 Codes and Ordinances

  • ✓ Applicable zoning code sections
  • ✓ General Plan land use designation
  • ✓ Municipal code appeal procedures
  • ✓ Any specific plan or overlay zone requirements

👥 Hearing Records

  • ✓ Staff reports from planning commission hearings
  • ✓ Meeting minutes or transcripts
  • ✓ Video/audio recordings of hearings (request public records)
  • ✓ Resolution of denial with findings

🔒 Request the Complete Administrative Record

For any potential lawsuit, you'll need the complete administrative record. File a Public Records Act request for all documents in the agency's file related to your application. The record must be certified by the agency for court proceedings.

💰 Calculate Your Damages

Improper permit denials can cause substantial economic harm to property owners and developers.

Category Description
Delay Costs Carrying costs on property (mortgage, taxes, insurance) during improper delay
Lost Rental Income Rent you would have collected if project was completed on time
Professional Fees Additional architect, engineer, and consultant fees to address improper demands
Application Fees Permit fees, resubmittal fees, appeal fees
Construction Cost Increases Material and labor cost increases during delay period
Lost Business Income For commercial projects, lost profits from delayed opening

💡 Recovering Damages from Government

Government immunity makes damage recovery difficult. However, you may have claims under the Takings Clause (if permit denial effectively takes your property), 42 USC 1983 (for constitutional violations), or inverse condemnation. Consult a land use attorney about damage claims.

📊 Sample Delay Damages Calculation

Example: 12-Month Delay on Multi-Family Project

Carrying costs (mortgage, taxes) 12 months $180,000
Lost rental income (12 units x $2,500 x 12 months) $360,000
Additional professional fees $45,000
Construction cost increases (inflation) $120,000
Legal fees for appeal and mandamus $75,000
ESTIMATED DELAY DAMAGES $780,000

📝 Sample Language

Copy and customize these paragraphs for your demand letter to the planning department or city council.

Opening Paragraph
I am writing to formally protest and appeal the denial of my [PERMIT TYPE] application, Case Number [NUMBER], for the property located at [ADDRESS]. The denial dated [DATE] is improper because my application meets all applicable requirements of the [CITY/COUNTY] Municipal Code and California law. I request that this decision be reversed, or in the alternative, that this letter serve as my notice of appeal pursuant to [MUNICIPAL CODE SECTION].
Zoning Compliance Argument
The stated reason for denial - that the project does not comply with [CODE SECTION] - is factually incorrect. My project satisfies all objective zoning standards as follows: [LIST HOW PROJECT MEETS EACH STANDARD: setbacks, height, lot coverage, parking, etc.]. The Planning Department's contrary interpretation of the code is erroneous. A [USE TYPE] is expressly permitted in the [ZONE] zone under Section [CODE SECTION].
Permit Streamlining Act Violation
The City has violated the Permit Streamlining Act, Government Code Section 65920 et seq. My application was submitted on [DATE] and deemed complete on [DATE OR "never properly responded to within 30 days"]. Under Government Code Section 65950, the City was required to approve or deny the application within [60/180] days. It has now been [NUMBER] days. Pursuant to Government Code Section 65956, the project is deemed approved by operation of law.
Housing Accountability Act (HAA)
This housing development project complies with all applicable objective general plan, zoning, and subdivision standards. Under the Housing Accountability Act, Government Code Section 65589.5, the City may not disapprove or reduce the density of a compliant housing development unless it makes written findings based on substantial evidence that the project would have a specific, adverse impact on public health or safety that cannot be mitigated. The City has made no such findings. The denial therefore violates state law and must be reversed.
Demand and Warning
I demand that the City reverse this denial and issue the requested [PERMIT TYPE] within [14/30] days. If the City fails to do so, I will have no choice but to file a Petition for Writ of Mandate in [COUNTY] Superior Court pursuant to Code of Civil Procedure Section 1094.5, and will seek recovery of all attorney fees, costs, and damages caused by this improper denial, including [DESCRIBE: delay costs, carrying costs, lost income, etc.].

🚀 Next Steps

What to do after sending your demand letter and how to navigate the appeal and litigation process.

Administrative Appeal Process

📌 Most Cities Require Administrative Appeals First

Before filing a lawsuit, you typically must exhaust administrative remedies by appealing to the Planning Commission, then to the City Council. Check your municipal code for appeal deadlines (often 10-15 days from decision) and appeal fees. Present your strongest arguments at each level.

Appeal Timeline

Days 1-10

File administrative appeal within local deadline (often 10-15 days)

Weeks 2-6

Planning Commission or hearing examiner appeal hearing

Weeks 6-12

City Council appeal (if available and necessary)

Days 0-90 After Final

File writ of mandate in Superior Court if administratively denied

If the Denial is Upheld

  1. File a Writ of Mandate

    Under CCP 1094.5, petition the Superior Court to review the agency's decision. The court will review the administrative record to determine if the decision is supported by substantial evidence and made in accordance with law.

  2. Consider Federal Court Options

    If you have constitutional claims (takings, due process, equal protection), you may be able to proceed in federal court under 42 USC 1983. Federal court may be preferable for damage claims.

  3. Modify and Resubmit

    If litigation is too costly, consider modifying your project to address the stated concerns and resubmitting. This may be faster and cheaper than litigation, though it shouldn't reward bad behavior by the city.

Need Legal Help?

Permit denial cases involve complex land use law and tight deadlines. Get a 30-minute strategy call with a land use attorney to evaluate your case.

Book Consultation - $125

California Resources

  • CA Governor's Office of Planning and Research: opr.ca.gov - CEQA guidelines and resources
  • CA HCD Housing Accountability: hcd.ca.gov - Housing Accountability Act enforcement
  • California Courts Self-Help: selfhelp.courts.ca.gov - Writ of mandate forms
  • State Bar Lawyer Referral: calbar.ca.gov - Find a land use attorney
  • Your City/County Planning Department: Appeal forms and procedures