Land Use & Zoning Laws
When Developers Treat Your City's Plans as Suggestions, Your Community Pays the Price
Ms. Mejia holds politicians and agencies accountable to the General Plan, Community Plans, Specific Plans, and/or zoning laws that protect your neighborhood
Where Land Use and Zoning Disputes Arise
Ms. Mejia works with clients to examine whether a proposed project complies with applicable planning laws and whether the government agency followed the proper process in approving the project.
The issues she commonly addresses include the following:
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A project may be proposed for an area where the Community Plan, Specific Plan, and/or zoning ordinance do not permit that type of development.
When the government agency moves forward with approval despite the conflict, Ms. Mejia examines whether the decision can be legally challenged and what options are available.
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Zoning ordinances, for example, specify how tall a building can be and how far it must sit from surrounding structures, boundaries, and the like.
When developers push beyond these limits, or when the government, such as a city or county, approves a project that exceeds the limits without proper justification, those decisions might be reviewed and contested.
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In some cases, government officials seek to modify or override their own land use and zoning requirements, failing to adhere to their own planning documents, to accommodate a specific developer's project.
Ms. Mejia works with clients who believe the government is failing to adhere to its own planning documents and seeks to ensure that the community's interests are represented in the government’s process.
The information above is provided for general purposes only. Whether any of these issues apply to a specific situation depends on the facts and applicable law. To understand whether your circumstances may give rise to a land use or zoning challenge, call Ms. Mejia’s number to ask to set up a consultation.
Who Ms. Mejia Represents in Land Use Matters
Ms. Mejia has represented clients in land use and zoning proceedings before planning commissions, the Planning and Land Use Management Committee, and the City Council, as well as in trial court. Her clients have included:
Legal Cases Ms. Mejia Has Handled
The following are examples of matters Ms. Mejia has handled.
Note: Past results do not guarantee or predict outcomes in future cases, as every matter depends on its own specific facts and circumstances.
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A developer sought to demolish two existing apartment buildings to construct a single large condominium building and subterranean parking structure. The court imposed conditions before any development could proceed.
The developer did not move forward with the project, resulting in a favorable outcome for Ms. Mejia's clients.
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Ms. Mejia represented clients in a non-CEQA matter where a developer demolished a residence and sought to construct a structure that violated applicable covenants, conditions, and restrictions governing the community.
The trial court issued a tentative ruling in favor of Ms. Mejia’s clients, which denied opposing party’s motion for summary judgment (MSJ). However, at the hearing on the MSJ, opposing party raised new arguments and the trial court granted the MSJ. Ms. Mejia laid the predicate for appeal by objecting to new arguments raised at the hearing on the MSJ, among other things. Ms. Mejia’s clients, with appellate counsel, were successful on appeal and reversed the trial court regarding the MSJ.
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In 2007, Ms. Mejia also represented a State agency during City of L.A. administrative proceedings. The developer’s project concerned development in an open space area commonly known as Elephant Hill. The City proposed to issue a building permit, relying on an EIR that was several years old. Ms. Mejia’s client, and community groups that were represented by other counsel, argued that the issuance of the building permit was discretionary and a supplemental or subsequent EIR was necessary. Around June 20, 2007, the City Council determined that a supplemental EIR was required for the developer’s project, thus resulting in Ms. Mejia’s client’s and the community’s favor.
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Ms. Mejia represented clients challenging the construction and operation of a fast-food restaurant with CEQA and other issues. She represented her clients during certain city administrative proceedings.
Subsequently, she filed a petition for writ of mandate in the Superior Court on behalf of her clients. The matter settled.
How Ms. Mejia Can Help You
Ms. Mejia offers two ways to work together on land use and zoning matters, depending on the stage of your situation and what level of involvement makes sense for you.
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Ms. Mejia can represent clients during City or County administrative proceedings, including hearings before planning commissions and the City Council, as well as in court.
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Ms. Mejia can review documents, conduct legal research, advise on strategy, and assist with background writing, so you are better prepared to advocate for yourself.
Both services are billed at an hourly rate. A consultation call is the best starting point for determining which option best fits your situation.
Think Your City or County Approved a Development Project It Should Not Have?
Deadlines in land use matters can be strict, and the window to raise objections may close quickly. A conversation with Ms. Mejia may help you determine whether you may have grounds to act.