Costa Mesa Real Estate Development & Land Use Lawyer

Trusted Real Estate Development & Land Use Attorney in Costa Mesa

A Costa Mesa real estate development & land use lawyer can help property owners, developers, investors, and businesses navigate the laws if a project requires zoning approvals, environmental review, permits, or other government authorization. Real estate development can involve different layers of review, especially if a property is near Costa Mesa’s major corridors such as Harbor Boulevard, Fair Drive, Newport Boulevard, or State Route 55.

Know the land use rules that apply to your property before purchasing land or beginning construction. Identifying issues early can help uncover roadblocks to your project, including costs, timing, or feasibility.

Get to Know Engels-O’Brien

Engels-O’Brien advocates for our clients in business, construction, contract, and government disputes where the involvement of government or other parties may affect your goals. Attorney Christopher Engels worked as a construction contractor for 25 years prior to law school. From these experiences, the firm gained hands-on knowledge relevant to real estate development & land use.

Zoning and Entitlements

Costa Mesa land use is controlled by zoning laws that cover commercial development, industrial development, residential development, parking, landscaping, signs, setbacks, and planned development. California Government Code §65850 allows cities and counties to enforce zoning laws that regulate: 

• The use of land and buildings
• Restrictions on building size and height
• Lot development
• Parking requirements
• Setbacks
• Intensity of use

Depending on the property, each development project is going to require different entitlements, such as permits and zone changes.

Costa Mesa’s approach to land-use planning is further impacted by significant housing demands. To meet the demands of its 2021–2029 Regional Housing Needs Allocation, Costa Mesa is required to plan for 11,760 new housing units, while having capacity for an additional 10% to 15%. These requirements can impact zoning, redevelopment projects, housing developments, and approvals developers are required to get.

CEQA Compliance

CEQA stands for the California Environmental Quality Act, and it can come into play when your development project needs discretionary approval from a government agency. Under Public Resources Code §21080, CEQA typically applies to projects requiring a public agency’s discretionary approval, like specific zoning amendments, unless an exemption is granted.

Costa Mesa states that discretionary development projects are subject to CEQA review. Their Environmental review process determines any potential impacts, considers alternatives, and mitigation measures when necessary. Projects might be eligible for a categorical exemption or perhaps a different kind of environmental assessment, like an Initial Study, Negative Declaration, Mitigated Negative Declaration, or even an Environmental Impact Report.

CEQA can impact the project itself and the timeline in which the development can proceed. Developers may need to respond to different findings and claims over the agency’s findings. Reviewing the city’s environmental notices can provide documents relating to projects around Costa Mesa.

Permitting & Code Enforcement

Just because you get approval to use your property a certain way doesn’t mean you’re automatically entitled to start construction. Developers may need building permits or other approvals before breaking ground. Costa Mesa Building Safety Division issues permits through its online permitting center. Development Review hears some types of private development applications, along with subdivision-related requests.

One common cause for permit complications is when construction deviates from the plans that were approved. In other situations, work may start without receiving necessary authorization first. Property owners can also receive code enforcement notices claiming an existing use or physical condition violates city standards.

An investigation into a potential violation might involve looking at the property’s zoning and any previous approvals. The city may have grounds to require you to remove a structure or make other adjustments, depending on the entitlements’ conditions. Dealing with a notice from the city might mean you have to get a new permit or change an existing approval.

Land Use Disputes

There are many reasons you may need a lawyer to help with a land use dispute. If your development application gets denied, you might want professional help appealing the decision. A neighboring property owner may also file a challenge to your project.

Real estate development cases can arise from the interpretation of zoning laws, entitlement decisions, the environmental review process, or alleged failures to follow mandatory procedures. Sometimes these cases involve complex issues where it can be beneficial to speak with a Costa Mesa real estate development & land use attorney.

The timing of a challenge can also be critical. Certain administrative procedures or deadlines may apply to a land use decision. If a party waits too long, allowing construction to proceed, they may have limited legal recourse.

Development can also involve government contracts. Many projects require some type of agreement with a public agency if there are public improvements. Contract cases with government entities can involve separate issues as they relate to government laws.

Project Financing Support

Government approvals play a role in determining a development project’s financial feasibility. Lenders and investors may want to know if the property has all of the necessary entitlements, and if any outstanding disputes may disrupt construction.

An attorney can review any outstanding land use disputes, permit issues, or environmental obligations to determine if there are any legal concerns that need to be resolved prior to closing on project financing.

What to Do if You’re Facing a Development Dispute

The first thing you should do is preserve any documents that relate to your property and project. This encompasses details like zoning status, submitted applications, permits obtained, approved blueprints, official communications from the agency, environmental reports, and any official notifications from the city.

Once you have all of your paperwork in order, figure out what action or decision caused the issue. A denied entitlement is a different legal problem than a code enforcement notice. Similarly, a CEQA dispute may involve different procedures than a disagreement over the terms of a development agreement.

Be mindful of deadlines. Land use and environmental appeals can have strict procedural requirements that limit when you must raise an issue or file a claim. Hire a real estate development & land use lawyer to assist you in this process.

Hire a Real Estate Development & Land Use Lawyer Today

A lawyer can review your zoning classification and entitlements to determine what permitting requirements apply to a project. Counsel can also look over an agency’s decision and assess any potential issues with how the development was approved. At Engels-O’Brien, we can assist you in this often complex process and help you understand land use laws. Contact us today to request a free consultation.