By-Right Development

Updated July 21, 2026

A by-right (ministerial) project meets every objective zoning and development standard already on the books, so the city must approve it administratively — no discretionary hearing, no CEQA review, no ability for the city or neighbors to block it on subjective grounds.

What it means in practice

By-right approval is the opposite of a discretionary entitlement: instead of a planning commission weighing the project's merits, staff simply checks it against fixed, published standards (height, density, setbacks, parking) and signs off if it conforms. California has significantly expanded by-right pathways (SB 35, AB 2011, TOC, density bonus law) specifically to remove local discretion as a bottleneck.

Why it matters for LA multifamily

For LA sellers, a site that genuinely qualifies for a by-right path is worth materially more than an equivalent site requiring a discretionary hearing — the buyer's execution risk and timeline both drop sharply. Confirming by-right eligibility before listing is one of the highest-leverage, lowest-cost diligence steps a seller can take.

Related terms


From the Sterman LA Multifamily Glossary — defined the way a broker actually uses these terms.

Michael Sterman, Senior Managing Director Investments, Marcus & Millichap.

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