San Diego Land Use / Entitlement Lawyers
Navigating You through Complex Land Use Matters
Residential land development, commercial projects, changes to existing structures, and new business uses, all require entitlements from local governments--which can involve a complex web of municipal, state, and federal law.
For over thirty years, our seasoned real estate attorneys have navigated the complex web of land use regulation in California. We routinely support the processing of tentative and final subdivision maps, as well as conditional use permits, variances, and other requests for exception to underlying General Plan or Zoning regulations-including General Plan Amendments and Specific Plans.
We believe a proactive role in permitting is best. By getting involved at the pre-application stage, and meeting with the engineering and planning professionals early on, we can help ensure your project is framed in the most legally advantageous way. Our experience allows us to highlight concerns well before the local planning department may raise them as conditions to approval-and our detailed understanding of land use law helps us make your case to local government staff before a hearing is even scheduled.
The Administrative Hearing: Preparing for Writs and Appeals
A land use application is a beginning. The Loftin Firm LLP land use attorneys remain vigilant from application through the final government hearing on an application. Misguided opposition, misinformation, or improperly framed issues can derail even the best application-resulting in unnecessary costs, unjustified restrictions, or denial. Our vigilance and creativity helps catch the opposition early, prepare strategies, and resolve objections.
The Loftin Firm LLP land use attorneys attend and make appearances at hearing before federal, state, city, and county agencies and the California Coastal Commission, to ensure evidence in your favor comes to light. This is crucial to ensure a concrete, enforceable record in court, which may be necessary if elected officials misunderstand, or refuse to follow, the law. In court, the Loftin Firm LLP has successfully litigated unlawful denials under the Subdivision Map Act, unlawful conditions proposed against development, and local moratoria, regulation, or treatment of applications contrary to state law. With law like the Permit Streamlining Act and the Mitigation Fee Act in your favor, be sure you have counsel that knows your rights. View our Writs and Appeals section for more, or contact our office at the number below.
Litigation is an extreme result, and a last resort. However, litigation may be the only course to reach an approval if local officials receive inaccurate advice, or otherwise fail to follow the law. The Loftin Firm LLP helps its clients weigh the decision, with an eye toward damage recovery. We build strong arguments and focus on obtaining decisions in your favor. That is where our creativity in employing effective strategies comes in to help you. Contact our Carlsbad, California office at 866.933.2340.
Due Diligence For Real Estate Acquisition and Investment
It is essential to understand the legal entitlements and other land use restrictions affecting property before you purchase. Land use law can make the difference between failure and successful completion of a project on time and within budget. Our experience overseeing and processing land use entitlements can inform your due diligence process, and even pursue low-cost "pre-application" meetings with cities and counties to confirm client expectations align with city and county policy.
For more information or to schedule an appointment with an experienced lawyer regarding a land use matter, please contact us.