1. 10 Things Anyone Representing Clients Buying or Developing Real Estate Should Know About Land Use
Beth Collins-Burgard and Hillary Steenberge
Brownstein Hyatt Farber Schreck
January 21, 2017
Bench & Bar Conference
Santa Barbara, CA

2. Key Issues to Spot 1) In the Coastal Zone?
2) Permits Expired or Vested?
3) Parcel Validation – Subdivision Map Act
4) Beware of General Plan Policies & Design Guidelines
5), 6), 7) CEQA, CEQA, CEQA
-- CEQA Litigation risks
-- CEQA Exemptions
-- CEQA Streamlining (i.e., Tiering, Transit Oriented Development)
8) Water – Is enough available?
9) Traffic Mitigation Fees
10) Prevailing Wage

3. California Coastal Act
Is property in the Coastal Zone?
Very broad definition of “development”
"Development" means “the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, …change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits…change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations …. 3

4. California Coastal Act
Is property in the Coastal Zone?
Local Coastal Plan or White Hole?
In Appeal Zone? Risk of appeal to Coastal Commission
Outside Coastal Zone and need federal permit?
Federal Coastal Zone Management Act 4

5. Permits Expired or Vested?
Many Types of Entitlements
Land Use Permit, Site Plan Review
Tract or Parcel Map
Development Agreement
Conditional Use Permit for Alcohol
Conditional Use Permit for Shopping Center
Permits valid and vested?
Hedge against legal/political changes
Warning: Vesting/expiration date varies
No automatic expiration if vested

6. Parcel Validation Subdivision Map Act limits sales to legal parcels
Parcel validation may reveal hidden legal parcels
Warning: APNs do not equal legal parcels
Warning: Hidden legal parcels can be lost inadvertently

7. Beware of Policies & Guidelines
General Plan Consistency required for all projects
General plan – policies and goals
Traffic policy in community plan restricting new trips
Is proposed use or store consistent with existing General Plan?
Specific plan – zoning overlay
Limits on development or design, operations, and alcohol permits
Is proposed use or store consistent with existing Specific Plan?

8. CEQA, CEQA, CEQA Litigation risk (i.e. CEQA)? CEQA Exemptions
Litigation stops projects for years
Developer pays petitioners’ attorneys’ fees
Developer pays agency’s fees
CEQA Exemptions
I.e., infill, ministerial approvals
Beware of exceptions!
CEQA Streamlining
Modifying entitled project
Tiering off plan level analysis
Transit Oriented Development

9. Water – Is there Enough?
Is the parcel currently served or using water?
Does project require more than existing usage?
Moratorium on new development or wells?
Existing water agreement?

10. Traffic Mitigation Fees Beware!
Traffic mitigation fees can be enormous
Look at local transportation overlays/plans
Ask the local jurisdiction

11. Prevailing Wage
Beware of gift of public funds associated with public improvements or below market leases

12. Others…. 1) Density Bonuses with Affordable Housing
State or local
2) Permit Streamlining Act
Not generally helpful
3) LAFCO

13. Questions?