Land Acquisition, Use and Development
David Ferguson advises both private and public clients on matters involving real property acquisition, sale, land use entitlement, environmental compliance, and development.
In the private sector, Mr. Ferguson advises clients on obtaining approval for residential, commercial and industrial projects. He assists with processing all necessary entitlements, including General Plan amendments, zoning and conditional use permits; oversees the preparation of the environmental documents; and negotiates any required Purchase and Sale Agreements, Development Agreements, Reimbursement Agreements, TOT tax sharing agreements and sales tax sharing agreements.
In the public sector, Mr. Ferguson has served as the Legal Counsel for the Oversight Board of the Successor Agency for the former Carlsbad Redevelopment Agency and the Oversight Board of the Successor Agency for the former La Mesa Redevelopment Agency. He has assisted public entities with regulatory matters such as drafting the Growth Management Ordinance for the City of Chula Vista and entitlement matters such as representing the Palomar Pomerado Hospital District on the approval of its new hospital.
In the County of San Diego, Mr. Ferguson has represented a variety of clients, including Vista Valley Country Club, the Harmony Egg Ranch, and the Beacon Hills Ranch.
In the City of Escondido, he has provided legal counsel for such projects as the Moorad Group’s development of a AAA ballpark, the 580-unit Eagle Crest residential subdivision, the 200-acre Quail Hills Industrial Park, dealerships for Mercedes, BMW, Jeep and GMC, and the La Terraza Office Park. Residential development clients have included New Urban West, D.R. Horton, Shea Homes, Lennar Homes, Centex Homes, and Standard Pacific. Non-residential clients have included The Festival Companies, Westfield LLC and the Palomar Pomerado Hospital District. With respect to franchise matters, clients have included Escondido Disposal, Inc., Cox Communications, and Cobblestone Golf Group.
Mr. Ferguson has served as:
- Chair of the Citizens Advisory Committee for the Escondido General Plan Update,
- President of the Escondido Chamber of Commerce,
- Chair of the California Center for the Arts, Escondido,
- Chair of the Development/Construction Section of the Bar Association of Northern San Diego, County,
- Chair of the Escondido Civic Center Committee,
- Chair of the Escondido Downtown Revitalization Steering Committee.
- Chair of Escondido’s Comprehensive Economic Development Strategy Committee.
Between 1988 and 1990, Mr. Ferguson served as a member of the Escondido Growth Management Oversight Committee which drafted Escondido’s General Plan. From 1992 to 1994, he served on Escondido’s Economic Development Task Force which drafted the Escondido Economic Development Plan. Between 2010 and 2018 he served as a member of the Mayor’s Advisory Committee.
Mr. Ferguson received both his Bachelor of Arts and Juris Doctor degrees from the University of California at Los Angeles. After law school, he served in the United States Navy Judge Advocate General Corps. In 1977, Mr. Ferguson joined Higgs, Fletcher & Mack, becoming a partner in 1982. In 1996, Mr. Ferguson formed the firm of Lounsbery Ferguson Altona & Peak.
Mr. Ferguson is a member of the California Bar Association, the San Diego County Bar Association, the Bar Association of Northern San Diego County and the U.S. Supreme Court Bar.