Practices

Whether it is a complex land use matter, a question of water rights or rates, risk management liability, the integrity of the election process or governmental transparency, Aleshire & Wynder is there to serve clients as they make decisions on behalf of their taxpayer constituents.

Land Use & Zoning

Land Use and Zoning

We have an extensive practice in all aspects of land use law, including zoning regulations, the entitlement process, regulatory takings, impact fees, subdivision requirements, planned developments, environmental investigation and analysis, growth management, coastal development, preparing general plans and specific plans and plan updates, and updating zoning codes to remain consistent with state laws.

Expertise

  • Planning and Zoning Laws
  • Adoption and Amendment of General Plans, Specific Plans, Overlay Zones
  • The Subdivision Map Act
  • CEQA, NEPA and the Endangered Species Act
  • Conditional Use Permits, Special Use Permits, Zone Exceptions and Variances
  • Development Agreements
  • Subdivision Improvement Agreements and Reimbursement Agreements
  • Developer Impact Fee and Mitigation Programs
  • Mobile Home Park Conversions
  • Regulatory Takings
  • Regulation of Medical Marijuana Dispensaries
  • Storm Water/NPDES issues
  • First Amendment Issues, including Adult Entertainment, Massage Parlors, Billboards, News Rack and other Sign Issues
  • All forms of Land Use Litigation

Expertise in Action

We have overseen a number of general plan adoption and amendment programs, as well as the amendment of major plan elements such as the land use, housing and transportation elements.  We have overseen multi-year general plan revision programs with lengthy citizen participation requirements costing from $100,000 to $1,000,000.  We represent many developed communities where special issues relating to growth control, condominium conversions, non-conforming uses, variances, mobile home parks and urban blight and renewal.  We also represent many growing communities where the primary concerns are planned growth, infrastructure, parks and open space, and economic development.  We have prepared detailed development agreements with lengthy phased development programs and amenities as well as specific plans.  We have drafted hundreds of amendments to zoning and subdivision codes.  In the past few years, we have worked with our clients to develop enforcement plans to regulate and/or eliminate medical marijuana dispensaries at the lowest possible cost. 

We have broad experience working with CEQA and NEPA procedures and laws.  We have worked on the preparation of local CEQA Guidelines and have reviewed initial studies, mitigated negative declarations, DEIRs, FEIRs, and EISs, as well as supplemental environmental studies for compliance with CEQA and NEPA.

In some instances litigation cannot be avoided.  When litigation does ensue, we are fully prepared to pursue our clients’ interests through trial and appeals, if needed, but also work to reduce the costs of litigation without compromising the land use principles that may be at stake.  Our strategy includes the use of appropriate experts on traffic, housing, infrastructure and related land use planning matters.