Andrew K. Fogg

Partner

Overview

Andrew is a member of the firm's Land Use and Natural Resources Team. Andrew has extensive experience in representing developers in the land use entitlement process and related areas, including all aspects of planning, zoning, and environmental review, in cities and counties throughout California.

Securing Administrative Land Use Entitlements

Andrew has spent over 15 years representing developers and public entities in processing administrative land use actions, including the negotiation and approval of numerous entitlement documents, development agreements, owner participation agreements, disposition and development agreements, subdivision approvals, conditional use permits, variances, and zoning and general plan modifications related to various projects. Andrew has been actively involved in a myriad of projects, including urban infill mixed use projects, master planned communities, residential and commercial condominium developments, commercial centers, and industrial developments. 

Andrew has also worked extensively with clients developing projects located in redevelopment areas and subject to California's Community Redevelopment Law. Andrew has advised numerous clients regarding issues related to the elimination of redevelopment agencies by the State of California in conjunction with the 2011 state budget act, and compliance with post-redevelopment obligations, including issues related to the continued enforceability of existing obligations and compliance with agency reporting obligations. 

As part of his entitlement practice, Andrew has advised clients on all aspects of the California Environmental Quality Act (CEQA), including ensuring the adequacy of project specific Environmental Impact Reports and Mitigated Negative Declarations under CEQA. 

Defending Land Use Entitlements

In addition to representing developers in the entitlement process, Andrew has defended projects that have been challenged under CEQA and other California planning and zoning laws in both state and federal courts. 

Leading Voice On Economic Development

In addition to Andrew's legal practice, Andrew is a leading voice on land use related policy issues. Andrew has co-chaired the Los Angeles Economic Development Corporation's (LAEDC) State and Local Policy Committee since its inception in 2011. This Committee has taken the lead on a number of important economic development issues facing Los Angeles County, including preservation of the California Enterprise Zone law, reforming CEQA, and preservation of job-producing land uses in the County. Andrew's Committee undertook an initiative to streamline and facilitate on-location filming by bringing together all interested stakeholders, including the California Film Commission, local jurisdictions, studios, and labor, to develop a new statewide Model Film Ordinance and related Best Practices. The California Film Commission adopted the Committee's work as the new model for the state, and a number of local jurisdictions have implemented the ordinance and best practices into law. 

Biographical Information

Prior to joining the firm, Andrew spent several years as an in house counsel at a Fortune 500 global biotechnical company, where he provided legal support on land use and real estate matters for the company's locations world-wide. 

Prior to working in house, Andrew was an attorney in the real estate, land use, and appellate groups with a major Los Angeles based law firm where, he represented developers and public entities in land use and related matters. 

In law school, Andrew served as Senior Research Editor for the UC Davis Law Review and following graduation, Andrew clerked for the Honorable Dean D. Pregerson in the Federal Court for the Central District of California.

Representative
Matters

Some of Andrew's recent approved representative projects include the following:

Luxury Hotel, Palm Desert, California. Represented a developer in approval by City of Palm Desert of proposed five-star 82-room boutique hotel and 59 condominium unit residence project adjacent to El Paseo shopping district and related Development Agreement.

Chandler Ranch / Rolling Hills Country Club Project, Rolling Hills Estates, California. Represented developer in approval by City of Rolling Hills Estates of a project to decommission an existing landfill, reconfigure and expand the existing 18-hole golf course and country club facilities, and approve 114 new single family home subdivision.

Hollywood Farmers' Market, Los Angeles. Represented operator of largest community farmers' market in City of Los Angeles in securing renewal by City of street closure permit over objections of an adjacent commercial property owner.

Riverpark Community, Oxnard, California. Ongoing representation of developers of master-planned community approved for over 2,800 residential units and more that 3.1 million square feet of commercial development in the City of Oxnard.

Apartment Project, San Leandro, California. Represented a developer in approval by City of San Leandro of proposed 66 unit apartment community together with a related Development Agreement.

Assisted Living Facility, Los Angeles. Represented operator of 116-room assisted living facility in entitlement of site; was the first project in the City of Los Angeles to be approved under the City's elder care facility ordinance.

Publications &
Speaking Engagements

Recent Publications

Recent Speaking Engagements

CBIA's 45th Select Conference On Industry Litigation, 11/16/2013

CBIA's 43rd Select Conference on Industry Litigation, 11/17/2012

Current Issues in Land Use Regulation and Development: Life After Matosantos, CEB, December 2012

The Development Approval Process, Lorman Educational Services, 2007-2010 (presented all day seminar each year in various locations across California including Los Angeles, Pasadena, Palm Springs, and Fresno)

Awards &
Affiliations

Awards & Recognition

  • Recommended Attorney, Real Estate, Legal 500 USA, 2017
  • Southern California Super Lawyer, 2015-2017
  • Southern California Super Lawyers Rising Stars, 2009-2010

Professional Affiliations

  • Los Angeles Economic Development Corporation Land Use and Business Friendly Committees
  • Los Angeles Economic Development Corporation State and Local Policy Committee, Co-Chair

Community Affiliations

  • St. Bernard High School Board of Advisors

Bar and Court Admissions

  • State Bar of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central, Southern, and Eastern Districts of California

Education

  • J.D., University of California, Davis School of Law, 1998, Order of the Coif, The Honor Society of Phi Kappa Phi
  • B.A., University of California, Berkeley, 1992