Acted as an expert witness in several cases involving various land use matters.
Represented the developer of a 7,000 unit master planned community and then settled a lawsuit attacking the project before the lawsuit was filed.
Represented a property owner in an eminent domain action, obtaining an opinion from the Court of Appeal upholding the right of the property owner to present evidence to the jury on more than $2 million in damages to the property – reversing a ruling by the trial court.
Obtained summary judgment for hospital association in connection with City of Inglewood's grant of special use permit to build psychiatric facility. Court of Appeal affirmed.
Represented amicus curiae in CEQA case involving issue of whether EIR prepared by project applicant's consultant could be adopted by lead agency. Court of Appeal upheld lead agency's decision.
Represented a developer in connection with CEQA challenge to the issuance of a building permit for the construction of a proposed office tower. Court of Appeal reversed trial court's decision not to grant preliminary injunction.
Represented a real party in interest developer in case involving city council member's CEQA challenge to City of Los Angeles approval of ordinance authorizing construction of office complex. Trial court held petitioner lacked standing and court of appeal affirmed.
Represented the developer of a large residential project in obtaining the required land use approvals and then represented the buyer of the project in modifying the approvals.
Represented the developer of 2.4 million square feet of logistics facilities both in obtaining the required land use approvals and then defending two lawsuits attacking the project.
Represented the developer of an automobile shredder in both obtaining the required land use approvals and then defending a lawsuit attacking the project.
Represented the developer of a large residential project in both obtaining the required land use approvals and then defending a lawsuit attacking the project. Represented the project's lender in dealing with land use problems after the developer defaulted and the lender took possession of the project.
Represented the developer of a 22,000 unit master planned community in negotiating school impact mitigation agreements.
Represented an investor in all aspects of land use after the developers defaulted and turned a number of projects over to the investor.
Joint Venture, North Coyote Valley. Represented venture between developers and Fortune 100 company in securing entitlements for a 6.6 million-square-foot office/research and development complex in San Jose’s North Coyote Valley, including a Development Agreement providing vested rights to develop the project over 20 years. Environmental Impact Report was upheld by the California Court of Appeals.
Corporate User, Alviso. Represented Fortune 100 company in securing entitlements for a two-phase, 2.3 million-square-foot office/research and development campus in San Jose’s Alviso neighborhood, including a Development Agreement providing vested rights to build the project over 20 years.
Corporate User, Emeryville. Represented biotech company in securing entitlements and negotiating redevelopment agreements for a 2.2 million-square-foot biotech R&D/office/manufacturing headquarters, including up to $95 million of tax increment financing and a Development Agreement providing vested rights to build the project over 20 years.
Represented a developer in the entitlement and development of the Alameda Fleet Industrial Supply Center and a portion of the Alameda Naval Air Station, including the initial phase consisting of 485 single-family residential units (including affordable duplexes) and 100 affordable apartments, as well as a subsequent phase consisting of 300 residential units, 400,000 square feet of office, and 300,000 square feet of retail. Project entitlements included three separate Development Agreements vesting the entitlements for 20-year terms, one for the initial phase and one each for the subsequent residential and commercial phases. Representation also included providing input in the preparation of the Environmental Impact Statement and Environmental Impact Report for the transfer of the property from the Navy to the City, managing the preparation of the Environmental Impact Report for the project, assisting the developer in securing entitlements and infrastructure financing from the City and its redevelopment agency and representing the company in settling related CEQA litigation.
Corporate User, North San Jose. Represented Fortune 100 company in negotiating entitlements-contingent acquisition and securing entitlements for 3.3 million-square-foot worldwide headquarters campus in North San Jose, including a Development Agreement providing vested rights to develop the project over 20 years. Subsequently represented the company in securing an additional 2.5 million square feet of development rights under the North San Jose Area Development Policy.
Corporate User, Mountain View. Represented technology company in the entitlement of a 425,000-square-foot transit-oriented campus on a former Superfund site in Mountain View.
Ongoing representation of a major real estate development corporation in the re-entitlement of a former military supply center site for a mixed-use project consisting of approximately 400,000 square feet of waterfront office space, 50,000 square feet of waterfront retail, a 250,000-square-foot retail center, a 20,000-square-foot health club, 300 residential units (including 75 affordable units), and an 8-acre waterfront park. The project is a public-private partnership with the City's redevelopment agency. The project was one of a select few to be included in the LEED for Neighborhood Design pilot program. City entitlements include a Supplemental EIR, a Master Plan Amendment, three Development Agreements, and two Disposition and Development Agreements; resource agency entitlements for the waterfront development also are anticipated.
Represented a Fortune 500 company in connection with the adoption and implementation of Precise Plan. The Precise Plan, which surrounds and includes the primary data center, authorizes 1,120 housing units, 37,000 square feet of commercial uses, and a public park. Working closely with City staff on the General Plan Amendment, Rezoning, Precise Plan, and associated Environmental Impact Report, assisted the company in assuring that land use controls allow the data center to continue to be operated and expanded, while also preserving the option of future residential conversion as an exit strategy.
Represented a property owner in the re-entitlement of an existing office park to accommodate a transit-oriented development, including CEQA review, Planned Development Rezoning, and a Development Agreement. It is anticipated that the entitlement structure will preserve flexibility to adjust land use distribution between office and senior housing in response to market demand.
Represented a major real estate development firm in the acquisition and entitlement of a 300-acre former aggregate mining site for a mixed-use (retail, office, industrial, and residential). Entitlements are anticipated to include an EIR, General Plan Amendment, Specific Plan, PUD Zoning, Annexation, Urban Growth Boundary adjustment, Growth Management Agreement, Development Agreement, Inclusionary Housing Agreement, Development Plan, Design Review, and Subdivision Map.
Edenvale, San Jose. Represented developer in entitlement of the residential portion of a mixed-use project consisting of 3.6 million square feet of office/research and development space, 2,900 residential units, and 460,000 square feet of retail in San Jose’s Edenvale Redevelopment Area.
Represented a big-box retailer in the entitlement of an approximately 365,000-square-foot retail center near downtown district, including preparation of an Environmental Impact Report, rezoning and negotiation of a Development Agreement, and an Owner Participation Agreement.
Shopping Center Developer, Oxnard. Represented shopping center developer in securing entitlements to reposition and expand a 935,000-square-foot lifestyle center and 300-room hotel within a master-planned mixed-use development in Oxnard.
Shopping Center Developer, Lathrop. Represented a shopping center developer in the re-entitlement of two shopping centers in existing Specific Plan areas in the City of Lathrop.
Shopping Center Developer, Stanford Shopping Center, Palo Alto. Represented a luxury shopping center developer in connection with entitlements associated with its ground lease of the Stanford Shopping Center in Palo Alto.
Represented a luxury retailer in supervising the preparation of an Environmental Impact Report, obtaining land use entitlements, and coordinating with the governmental affairs consultants for the expansion of the existing flagship store in a historic district in an urban setting.
Del Monte Center, Monterey. Represented owner of Monterey’s Del Monte Shopping Center in securing entitlements for a controversial 13-screen cineplex.
Represented a retail property management company in commenting on a Caltrans Environmental Impact Report for an interchange project that would have adversely affected client's shopping mall. Comments resulted in redesign of the project and additional environmental analyses.
Residential Developer, Downtown San Jose. Representation developer in connection with acquisition and entitlement of a vertical mixed-use project in downtown San Jose, including 600 market-rate condominiums and townhomes, 85 affordable assisted-living units, 30,000 square feet of retail, and a 10,000-square-foot community amenity space.
Senior Housing Developer, Various Jurisdictions. Represented senior housing developer in the entitlement of major renovations of assisted-living facilities throughout Northern California to accommodate state-of-the-art assisted-living and dementia care facilities
Represented a real estate investment company and a residential developer in the acquisition and entitlement of a 455-unit podium-style condominium project in the downtown district of a major Northern California city.
Senior Housing Developer, San Francisco. Represented not-for-profit venture between a family services group and a health systems company in securing entitlements for a 175-unit assisted-living facility in San Francisco, pursuant to the state Density Bonus Law.
Represented homebuilding entities in negotiating various agreements typically required for residential development, including school agreements, fee credit and reimbursement agreements, inclusionary housing agreements, land dedication agreements, etc., in numerous jurisdictions throughout Northern California.
Represented a waste management systems company in securing entitlements (i) from the city for its new headquarters and transfer station; and (ii) from the county for an expansion of its composting facility and for a new transfer facility.
Represented a multinational energy corporation in securing entitlements from a city and county in Northern California to close service stations.
Represented a wind-farm developer in obtaining NEPA and CEQA approvals in Northern California, Southern California, Washington, and Wyoming.
Represented numerous residential, mixed-use, and corporate developers and investors in completing due diligence analysis regarding the availability and status of entitlements of properties proposed for acquisition, development, and/or investment.
Represented various corporate users in analyzing properties throughout the Bay Area for acquisition and development for corporate facilities use, using a methodology for rapid and discrete analysis of potential sites to assist corporate users in determining which sites to pursue.
Represented a Fortune 500 technology company in obtaining entitlements, including a Negative Declaration and a Site Development Permit Amendment, for a state-of-the-art, LEED-certified childcare, wellness, and athletic facility to serve the company's headquarters.
Represented a major league sports facility developer with respect to the Environmental Impact Report and land use entitlements for the proposed stadium and lifestyle center retail development.
Represented a cemetery company in its negotiations with local public transit agencies in connection with the extension of the system through the historic cemetery. Representation included assisting the client in challenging the EIR for the extension and in negotiating a comprehensive mitigation agreement to address the impacts of the extension on the cemetery, as well as negotiating the sale of the right-of-way to the transit agency.
Represented pro bono a wildlife rehabilitation center in obtaining coastal development permits and use permits for a wildlife rehabilitation center in Northern California.
Represented vineyard and winery in Western Australia in preparing analyses of laws for protection of agriculture and viticulture for presentation to the Australian Legislature.
Represented various timeshare developers in obtaining entitlements for timeshare conversions of residential and hotel projects.
Real estate counsel to renewable energy developers for numerous California projects including Shiloh II Wind Energy (150 MW), Shiloh III Wind Energy (120 MW), Shiloh IV Wind Energy (102.5 MW), Pacific Wind Energy (140 MW), Catalina Wind and Solar Energy (560 MW), FRV Valley Solar (70 MW), and Oro Verde Solar (450 MW).
Advised developer regarding its CEQA strategy for a 500 unit residential project in an Alameda County city.
Advised government agency on CEQA compliance for large mixed-use development.
Advised developer of 700 unit residential project in Solano County city on entitlement strategy including an annexation, specific plan, development agreement, vesting tentative subdivision map, and CEQA compliance.
Defeated CEQA challenge to regional grocery project approval. Trial court victory affirmed on appeal.
Advised wind energy developer on large project in Solano County involving negotiations with the Department of Defense and several local agencies.
Advised developer of master planned community in Sacramento County on wetlands permitting.
Advised a group of commercial property owners regarding the protection of development rights against changes to land use regulations.
Negotiated amendments to an airport land use compatibility plan on behalf of a group of commercial property owners in an Alameda County city.
The HUB Retail Center. Represented the developer of an approximately 30 acre site in the City of San Bernardino in the entitlement of 300,000 square feet of retail space which included a Sam's Club store. The representation included the drafting and negotiation of a Disposition and Development Agreement for the development and acquisition of the site, obtaining the required development entitlements, as well as representation in the preparation of an EIR.
First National Bank Building Residential Development. Represented the developer in the redevelopment of a historic office building in San Diego into housing. The representation included the negotiation and drafting of a Disposition and Development Agreement that provided for the acquisition of the building as well as its redevelopment.
People of the State of California v. BBC Properties, County of San Bernardino Superior Court, Case NO. SCVSS 104541. In this matter, Caltrans initiated this eminent domain action to acquire property to widen the 210 Freeway near Rialto. The Caltrans appraiser valued the property at $72,500 and the matter settled shortly before trial for $1,620,000.
Metropolitan Water District of Southern California v. Campus Crusade for Christ, Inc., County of San Bernardino Superior Court, Case No. SCV35498. Represented the Metropolitan Water District of Southern California through trial and appeal to the California Supreme Court in this extremely complex eminent domain matter involving the acquisition of property for the Inland Feeder project.
People of the State of California v. June H. Schanbacher-Lindquis, San Mateo County Superior Court, Case Numbers CIV 452016 and CIV 452018. Represented the owner of property located on the east side of SR 1 in San Mateo County. The property was sought by the State for a new alignment of SR 1 through the "Devil's Slide" area. The initial offer by the State was $1,022,900. The matter ultimately settled for $3,018,000.
County of Riverside v. Morita, Riverside County Superior Court, Case No. RIC 398757. In this matter, the County of Riverside sought property for a park. The County's initial offer for the full take was $1.3 million. The matter ultimately settled shortly before trial for $3 million.
City of Lake Forest v. Buchheim Properties I, et al., Orange County Superior Court, Case No. 04CC06207. Represented the ground lessee of property sought by the City of Lake Forest for a highway improvement project. The primary issue addressed in this matter was the allocation of the just compensation between the lessor and lessee. The initial settlement offer was $30,000 and the final settlement was for $929,403.
San Gabriel Redevelopment Agency v. Liu, Los Angeles County Superior Court Case No. BC 325199. Represented the owner of a shopping center sought by the Redevelopment Agency for redevelopment. The initial offer by the Agency was $3.9 million. The matter settled shortly before trial for $4.45 million.
City of Los Angeles v. Chen, Los Angeles County Superior Court Case No. BC 301998. In this matter the City of Los Angeles filed an eminent domain action to acquire property for a fire station. The City's initial offer was $3.15 million and was settled prior to trial for $4.2 million.
City of Oakland v. Oakland Raiders. Represented the Los Angeles Coliseum Commission in this very different eminent domain action brought by the City of Oakland to force the Raiders to return to Oakland from Los Angeles. The representation included trial and three hearings before the Court of Appeal and ultimately resulted in the decision of the Court of Appeal in City of Oakland v. Oakland Raiders,174 Cal .App. 3d 414 (1985), upholding the trial court's decision barring the City of Oakland from acquiring the Raiders since the action violated the commerce clause of the United States Constitution because the Raiders were a business engaged in interstate commerce.
Distribution Warehouse Project. Represented large retail company in connection with the development of a 3,360,000 square foot distribution warehouse in the city of Rialto. The firm represented the distribution warehouse developer during the property acquisition and entitlement process, including the preparation of an EIR for the project and defending that EIR when it was challenged. The lawsuit was settled on favorable terms for our client.
Multi-Family Development. Represented multi-family developer in the entitlement of a 884 multi-family residential unit development located in the cities of Anaheim and Orange. Because the project was located on the border of two cities, the entitlement process required development permits from both cities and included a General Plan Amendment, Specific Plans, cooperation agreements to coordinate the delivery of municipal services as well as an EIR acceptable to both cities.
Los Angeles Multi-Family Development. Represented a multi-family developer in the entitlement of a 204 unit luxury apartment project in the City of Los Angeles. The representation included hearings before the City Planning Commission and City Council for the project's entitlements as well as approval of relocation plans for the tenants of the apartment building on the project site and CEQA compliance issues.
Whittwood Town Center. Represented the developer in the drafting and negotiation of an Owner Participation Agreement (OPA) for redevelopment of a 66 acre shopping center in the City of Whittier. The OPA included financial assistance to the project based on an increase in sales tax revenue generated by the redeveloped project.
Represented developers in securing entitlements, including zoning and general plan amendments, and CEQA clearance for mixed-use development projects in San Francisco.
Assisted a real estate developer with its entitlement and permitting of an 8,000 housing unit master-planned community on a former military base in San Francisco.
Represented renewable energy developers in the purchase, lease, and financing of wind and solar energy projects in Kern County, Merced County, and Solano County, California.
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.
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.
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.
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.
Represented amicus in defense of a project challenged under CEQA.
Defended a developer against claims under CEQA and the Subdivision Map Act challenging approval of final maps.
Successfully defended dismissal of a CEQA and Subdivision Map Act petition challenging the approval of final maps.
Successfully defended a developer against claims under CEQA and the Water Supply Assessment Act alleging that the water supply assessment was inadequate.
Represented client in a challenge to a negative declaration issued by the CalTrans for a culvert project. Obtained favorable settlement for client that included partial payment of attorney's fees and rescission of negative declaration.
Successfully defended a developer against claims under CEQA and the Subdivision Map Act challenging approval of final maps.
Successfully defended, at both the state trial and appellate court level, a regional habitat conservation plan challenged under CEQA, CESA and the federal ESA.
Successfully defended, at both the trial court and appellate court level, a public agency's programmatic environmental impact report that was challenged on numerous issues, including alternatives, water quality, and EIR recirculation.
Entitlement processing of athletic fields in City of Costa Mesa, Orange County including project advocacy at Planning Commission and with individual Planning Commissioners.
Development processing for conversion of hotel to timeshare use, City of San Diego, San Diego County. Developed conversion entitlement process with City staff and presented project for approval to decision makers.
Entitlement and CEQA compliance for 112 unit planned community adjacent to the City of Yorba Linda, Orange County. Responsible for strategic direction regarding all aspects of CEQA compliance, entitlement, and interjurisdictional matters.
Entitlement, CEQA compliance, consultant management, and agency coordination for development of a new medical office building for collection of blood plasma, City of Bellflower, Los Angeles County. Responsible for staff coordination and government relations to ensure success of entitlement.
Entitlement, CEQA compliance, drafting of specific plan, drafting of development agreement for a mixed-use project consisting of a hotel, office building, and remote airport parking, El Segundo, County of Los Angeles. Drafting of all planning entitlement documents and client advice regarding entitlement process.
Advised a client during environmental review process for large residential development in Northern California requiring Clean Water Act Section 404 permit.
Advised a client during local permitting and environmental review process for large, controversial wind energy project in Southern California.
Advised a client during local permitting and environmental review process for large solar energy project located on agricultural land in Southern California.
Provided environmental due diligence supporting project finance transactions for several utility scale solar and wind energy generation projects throughout California.
To accommodate structure of financial transaction, helped client obtain timely amendments to state and federal endangered species permits for wind energy project in Northern California.
Represented a developer in a $40 million dispute against owner relating to owner's termination of developer under development agreement.
Represented 120 landowners in action against various public entities over the flooding of their development by Sespe Creek when it overflowed.
Represented various land title companies over interpretation of the Federal Statute entitled Swamp & Overflow Act of 1852.
Represented a water district in the adjudication of a water basin against 2,617 defendants and obtained stipulated judgment and water allocation among the owners.
Represented a water district in the successful adjudication of the respective rights of overlying and appropriative users of a water basin.
Successfully defended a client in claim by the government relating to boundary lines and riparian rights.
Represented a landowner in lawsuit against the County of Santa Barbara concerning improper actions under the Brown Act.
Represented a landowner in CEQA/Planning and Zoning lawsuit brought to challenge entitlements for residential development on the coast of Santa Barbara.
Represented a client before the Coastal Commission in proceeding to revoke client's coastal development permit. Represented the client at the Coastal Commission hearing and in subsequent litigation brought by the party seeking revocation.
Lead counsel before the Coastal Commission on applications in which the Commission first applied "unity of ownership" theory. Represented client in subsequent legal proceedings and in repositioning of project for follow up review by the Commission.
Obtained coastal development permits for a variety of private landowners for residential and commercial projects from the Coastal Commission.
Obtained Coastal Commission approval of coastal development permit that relieved the client of onerous conditions previously imposed by the Commission in prior enforcement proceedings.
Represented a client in one of the few cases in which a court has overturned a Coastal Commission cease and desist order. Negotiated a settlement with the Coastal Commission that absolved the client of the violations after the trial court decision.
Resolved complex public access issues over multiple properties in Malibu. Assisted a client in working with Cal Trans to privatize public right-of-way and directing public use away from client's property. Successfully defended litigation challenging Cal Trans' action.
Successfully challenged Coastal Commission permit condition requiring client to record a public conservation easement on undeveloped portions of the client's land and worked with commissioners and staff to approve the client's project without the condition.
Obtained Santa Barbara County approval of one of the most complex and contested projects on the California coast including development agreements, plan amendments, rezonings, Williamson Act contract termination, and multiple lot entitlements encompassing over 3,000 acres of land. The approvals and EIR were upheld in court.
Obtained Los Angeles County approval of a 75 lot residential subdivision in unincorporated Santa Clarita. Assisted client in overcoming issues that had delayed the processing of the application for several years.
Assisted a client in planning development of a major distribution facility in Los Angeles County, including working with the city to commence CEQA work while the project was being designed in order to shorten the entitlement process and reduce issues by incorporating mitigation into project design.
Obtained city approval of mixed-use civic center project involving complex CEQA and resource issues. Project approvals were upheld in court.
Obtained approval of variance to construct roadway and related improvements in connection with residential project after successful litigation challenging city's prior denial of the variance. Worked with city council members, city attorney, and staff following court judgment to obtain approval.
Assisted client in developing onsite waste treatment facility in Los Angeles County as part of approved tentative map, including obtaining Regional Water Quality Control Board approval and negotiation of operating agreements.
Obtained City of Los Angeles approval of multi-family residential project involving potential historic preservation designation. Successfully opposed the proposed historic designation and obtained city council approval of the project.
Assisted client in Coastal Conservancy funded sale of land to city as part of entitlement process for reuse of industrial facility on California north coast, including all negotiations and documentation of the multi-party transaction.
Obtained multiple Los Angeles County approvals for residential development in the Santa Monica Mountains over vigorous opposition. Project approvals upheld in court.
Assisted public agency client in approval of amphitheater project at large public venue in Northern California, including assisting client in completing EIR, conducting public hearings, and building record in support of approval.
Successfully defended litigation challenging client subdivision approval based on allegations that the tentative map had expired.
Assisted various clients in obtaining conditional use permits, site plan review approvals, and other discretionary approval for various projects in numerous cities in Southern California.
Obtained favorable settlement for developer that had entered into a Memorandum of Understanding with the Redevelopment Agency of the City of Montebello whereby they were going to enter into a formal Development Agreement but did not because they Agency alleged the developer had breached the agreement
Obtained favorable settlement for developer, which had entered into a Development Agreement with the City of Pomona and the Redevelopment Agency of the City to build a retail project.
Legal adviser to various visitor serving and commercial recreation sites.
Entitled major expansion of large solid waste landfill for national waste disposal company.
Processed successful expansion of essential gasoline distribution center for major oil company.
Drafted new zoning standards subsequently approved for oil production at large urban oil field.
Obtained approvals for major rail-haul facility in transit corridor.
Entitled large multi-family residential projects and boating facilities in local coastal areas.
Entitled a major shopping center for national store.
Represented a major university in expansion project at its marine research facility.
Represented many major homebuilders in gaining approvals for master plan communities, involving thousands of new homes, related commercial development, public school sites, and major public infrastructure expansions.
Entitled a large residential facility to help relocate homeless women and children from skid row.
Gained approval for a large summer camp for chronically ill children.
Successfully entitled a large transit oriented mixed-use development at transit station.
Gained approvals for high density townhome projects, replacing substandard inner city housing.
Advised a developer in response to litigation challenging adequacy of water supply assessment.
Assisted landowners in securing entitlements for a 1.5 million square foot retail project in the City of Livermore. Obtained trial court victory in CEQA, Williamson Act, and Community Facilities District litigation filed against the project by neighboring commercial landowners.
Defeated CEQA and Water Supply Assessment Law action challenging mixed-use development project.
Defeated challenge on behalf of master developers to plan approvals challenging compliance with State Density Bonus laws.
Obtained favorable trial court ruling for client defending CEQA challenge by competing business owners.
Represented a developer in the development of a 140,000 square foot commercial center, including CEQA litigation.
Represented a developer of a water-oriented master-planned community consisting of 11,000 homes, several million square foot employment center, and golf courses, eco-restoration, and other recreational amenities on an approximately 5,000 acre tract in the San Joaquin Delta. Representation included environmental review securing land use entitlement, and defending the project, including earlier proposals, from multiple CEQA compliance lawsuits.
Represented developers in the development of a 1,000-home golf course community in the City of Vacaville, including environmental review and securing project entitlements as well as defending the project against a referendum effort and litigation from several opponents.
Represented an engineering firm in multimillion dollar claims arising out of construction of a cap on a former landfill site together with a new municipal golf course. Case involved novel issues of dredge spoils reuse and settled following partial summary judgment victory.
Represented a county in defense of multi-party CEQA action alleging inadequate water supply analysis.
Represented a group of developers with projects in Rancho Cordova against challenge of federal approvals on NEPA, Endangered Species Act, and Clean Water Act grounds.
Represented homebuilders with residential projects in the Sunrise Douglas Community Plan Area in the City of Rancho Cordova in connection with challenges brought under NEPA, the federal Endangered Species Act, and the Clean Water Act.
Represented the a city in both state and federal court in connection with challenges brought by environmental groups under CEQA, NEPA, and the California and federal Endangered Species Acts.
Represented the University of California in the state and federal natural resource permitting for the 10th UC campus to be located on vernal pool grassland habitat in Eastern Merced County.
Oak Grove Planned Development. Represented a developer in response to a referendum drive against the project. Successful pre-election challenge at trial court level litigation against the City Clerk of Pleasanton and referendum proponents, temporarily preventing the presentation of the ballot measure to the voters. Reversed on appeal.
Fagan Canyon Specific Plan. Represented a national homebuilder in a proposed 2,000 home project subject to referendum by local opponents. Initiated litigation against the referendum petition, and prepared competing a ballot measure to establish legislative approvals for the project.
South San Francisco Scavenger Materials Recovery Facility, South San Francisco, California. Represented a developer in obtaining certification of EIR and approval of land use entitlements for a 100,000 square foot materials recovery facility (recycling).
The Bentley School, Oakland, California. Represented an independent K-8 school in amendment of its conditional use permit to allow for compliance with terms and conditions and with Traffic Demand Management Program.
Newark Areas 3 and 4 Specific Plan, Newark, California. Represented a developer in obtaining certification of EIR and granting of land use entitlements and Development Agreement for 1,200 unit project in Newark, California.
Patterson Ranch Planned Unit Development, Fremont California. Represented a developer in obtaining certification of EIR land use entitlements and Development Agreement for 500 units, including major gift of open space to East Bay Regional Park District.
Panhandle Specific Plan, Sacramento County. Represented a developer in obtaining certification of EIR and subdivision for 300 unit project with neighborhood retail center.
West Roseville Specific Plan, Roseville, California. Represented a developer in certifying EIR and obtaining land use entitlements for 3,000 unit master planned community with neighborhood commercial center in Roseville, California.
Gateking Industrial Park, Santa Clarita, California. Represented a developer in obtaining certification of EIR and approval of land use entitlements, including a Development Agreement for a 4.2 million square foot industrial park.
Coyote Valley Specific Plan, San Jose, California. Represented consortium of development interests in working towards approval of Specific Plan proposing 25,000 units and 50,000 jobs in San Jose, California. (Draft EIR issued; proposal withdrawn.)
Woodside Estates, Woodside, California. Represented developer in obtaining subdivision and other entitlements required for development of luxury homes, including a streambed alteration agreement and take permits for endangered species.
Pyramid Ale Brewery, Berkeley, California. Represented developer in obtaining approval of Mitigated Negative Declaration and conditional use permit for 50,000 square foot brewery and restaurant.
Mountain View Cemetery, Oakland, California. Represented cemetery association in various development projects, including permits for the construction and operation of a mausoleum, chapel, funeral home, new grave sites.
Clos de La Tech Winery and Vineyards, San Mateo County, California. Represented winery owner in approval of a Mitigated Negative Declaration and entitlements for expansion of vineyards and construction and operation of a new winery on 66 acres.
Representative Wind Projects. Patterson Pass Wind Project (19 MW); Shiloh I Wind Energy (150 MW); Shiloh II Wind Energy (150 MW); Shiloh III Wind Energy (120 MW); Shiloh IV Wind Energy (102.5 MW); enXco V Repowering (9 MW); PdV/Manzana/PdV Infill Wind Energy (300 MW); Pacific Wind Energy (140 MW); Catalina Wind and Solar Energy (560 MW); Alta Oak Creek Mojave Wind Energy (800 MW); ChiPs Infill Wind Energy (100 MW); Alta Infill Wind Energy (150 MW); Alta East (250 MW); Morgan Hills Wind Energy Project (150 MW); Tylerhorse Wind Project (60 MW); Granite Mountain Wind Energy (60 MW); Ocotillo Wind Energy (230 MW); Horse Lake Wind Project (100 MW); Campo Wind Project (60 MW).
Representative Solar Projects. McKenzie Solar (20 MW); Dillard Solar (20 MW); Bruceville Solar (20 MW); Apple Road Solar (1.5 MW); Rosamond Solar (50 MW); FRV Valley Solar (70 MW); Beacon Solar (250 MW); Oro Verde Solar (450 MW); Valley Solar (60 MW); Orion Solar (40 MW); Eagle Mountain Solar (40 MW); Lucerne Solar (100 MW); Avenal Solar (39 MW); Lancaster Solar (20 MW); Borrego Solar (49 MW); Stratford Solar (45 MW); White River Solar (20 MW); Corcoran Solar (20 MW); Kingbird Solar (60MW).
Representative Geothermal Projects. Four Mile Geothermal Power Plant (49.5 MW); Buckeye Geothermal Plant (49 MW); Wildhorse Geothermal Plant (49 MW); Recycled Water Pipeline for Geysers Geothermal Steamfield.
Menlo Business Park, Menlo Park, California. Represented a business park owner in obtaining annexation of business park into Menlo Park Water District.
The Claremont Hotel, Oakland, California. Represented a hotel in obtaining City of Oakland's Landmark designation for historic hotel.
St. Paul's Episcopal School, Oakland, California. Represented an independent K-8 school in obtaining CEQA exemption and land use entitlements for new classroom building.
The Head-Royce School, Oakland, California. Represented an independent K-12 school in potential master planning process to expand school site and in compliance proceedings on claims of failure to comply with use permit.
Oak Knoll Planned Development, Oakland, California. Represented a developer in obtaining land use entitlements for redevelopment of former naval hospital site for 900 unit and 80,000 square feet commercial development in Oakland, California.
Beachwood Subdivision, Half Moon Bay, California. Represented a developer in obtaining vesting tentative map for formerly approved subdivision in Half Moon Bay, California involving alleged wetlands in former construction depressions. Ultimately led to litigation against city and favorable settlement on behalf of developer.
Processed entitlement to establish zoning for a gasoline and ethanol distribution center.
Processed entitlement for 1,200 unit master planned community in the Santa Clarita Valley.
Processed entitlement for 4,000 unit master planned community in Castaic.
Processed entitlement for 375 unit master planned community in Chatsworth.
Assisted with litigation defense of entitlement to develop a phase of a master planned community and processed entitlement for related biological restoration project in the Santa Clarita Valley.
Processed entitlement to develop a solar energy farm on 3,700 acres.
Processed entitlement to develop a solar energy farm on 210 acres.
Processed entitlement to establish comprehensive zoning regulations for an 1,100 acre oil field surrounded by urban development. Assisted with litigation defense of project approvals brought by three community organizations and a neighboring city.
Processed entitlement to develop final phase of a master planned community with residential condominiums.
Processed entitlement to complete development of 2,500 unit master planned community in the Santa Clarita Valley.
Processed entitlement to develop one of Paul Newman's Hole in the Wall Gang recreation camps for chronically ill children at Elizabeth Lake.
Processed entitlement to establish a transitional residential and treatment facility for homeless women and children and relocate 250 women and children from downtown.
Represented a major educational institution in multiple entitlement projects at its Catalina Island campus.
Processed entitlement to redevelop aging commercial and low-density residential property with high-density, mixed-use development, adjacent to a Metro light-rail station at LAX, in conjunction with Metro redevelopment of the station.
Processed entitlement to redevelop a large commercial infill site with a department store and restaurants
Represented a residential developer client in litigation against municipality for breach of development agreement, Section 1983, and inverse condemnation, arising out of municipality's refusal to approve sewer plans on what were alleged to be trumped up grounds; marshaled evidence of government corruption to achieve substantial settlement largely in the form of reduced permit fees and beneficial entitlement arrangements.
Represented an industry association in an action against the Bay Area Air Quality Management District's adoption of new CEQA thresholds, which are widely regarded by expert planners as an obstacle to the goals of encouraging infill and transit oriented development.
Defeated a federal Endangered Species Act challenge to 17,000 acre habitat conservation plan on behalf of city.
Represented a property owner challenging a NEPA categorical exclusion determination by the Bureau of Reclamation for a fishery enhancement project with adverse impacts on other resources as well as a local agency EIR and state agency categorical exemption for related projects.
Represented a company in an action seeking fines for alleged lime spill. Preemption of state fines affirmed on appeal.
Represented a developer of a 500 acre residential hillside project in the Town of Moraga, Contra Costa County, including defense of litigation filed by neighboring city over earlier agreement.
Represented a homebuilder in CEQA lawsuit brought to challenge entitlements to a large residential specific plan and obtained petition for writ of mandate.
Successfully challenged DIR determination regarding the status of a project as a public work subject to prevailing wage law.
Successfully settled a case for co-owners of ranch lands in Sonoma and Marin Counties in a quiet title and partition action filed in the Sonoma County Superior Court, involving novel issues of how to value temporal interests in land and joint business enterprises.
Secured a victory and resolved a conflict in the Court of Appeal whether opponents of projects found to qualify for an exemption from CEQA must object at a public hearing before the lead agency in order to maintain a legal challenge.
Represented a landowner in a successful challenge to set aside a local water agency's attempt to build an anadromous fish access project on the client's property. Also initiated a subsequent challenge to a joint EIS/EIR related to the Santa Ynez River fish management plan and subsequent project proposals.
Represented a homeowner in a quiet title and inverse condemnation action against a municipality and neighboring homeowners related to encroachments and use of property by public. Settlements reached with neighbors for encroachments, received judgment against municipality for physical taking, and defeated municipality's public dedication of trail claim.
On behalf of applicant, defeated a CEQA and Water Supply Assessment Law action challenging a 600 acre mixed-use development project.
On behalf of a county, defended a multi-party CEQA action alleging inadequate water supply analysis.
On behalf of a local agency, defeated a CEQA challenge claiming inadequate EIR for improvements to town's airport facilities. Affirmed on appeal. Represented town in companion NEPA action directed against the FAA.
On behalf of an applicant, defeated CEQA claim challenging approval of specific plan for 6,000 acre, 11,000 unit mixed-use residential development project in San Joaquin County.
Tomlinson v. Alameda County, 54 Cal. 4th 218 (2012). Briefed and argued for amicus, and successfully established a duty to exhaust administrative remedies when challenging CEQA categorical exemptions.
Wollmer v. City of Berkeley, 193 Cal. App. 4th 1329 (2011). On behalf of applicant defended project approvals against Density Bonus Law and CEQA claims.
Tracy First v. City of Tracy, 177 Cal. App. 4th 912 (2009). Defeated a CEQA challenge to regional grocery project approval. Trial court victory affirmed on appeal.
Friends of Lagoon Valley v. City of Vacaville, 154 Cal. App. 4th 807 (2007). On behalf of an applicant, defeated a challenge to project approvals alleging violation of State Density Bonus laws.
ECOS v. City of Sacramento, 135 Cal. App. 4th 1 (2006). Defended City in CEQA and California Endangered Species Act challenge to EIR for 17,000 acre habitat conservation plan (HCP). Trial court victory affirmed on appeal. Defeated companion federal ESA challenge HCP, Natl Wildlife Fed'n v. US Fish & Wildlife Svc.
Feldman v. Bomar, 518 F.3d 637 (9th Cir. 2008). Represented The Nature Conservancy in defense of a program to eradicate non-native feral pigs from Santa Cruz Island. Successful summary judgment on NEPA claims affirmed on mootness grounds in the Ninth Circuit.
People v. UPRR, 141 Cal. App. 4th 1228 (2006). Defended a manufacturer in an action seeking fines for alleged lime spill. Preemption of state fines affirmed on appeal.
Natural Resources Defense Council, Inc. v. Evans, 279 F. Supp. 2d 1129 (N.D. Cal. 2003). Represented a coalition of environmental organizations challenging the adequacy of an EIS and related Endangered Species Act and Marine Mammal Protection Act permits evaluating the impacts of widespread deployment of low frequency active sonar by the United States Navy.
Represented a master developer in Contra Costa County in enforcing a development agreement against city and redevelopment agency. Case settled favorably after trial court victory.
Lin v. Pleasanton, 176 Cal. App. 4th 408 (2009). Represented landowners in a challenge to a referendum to set aside residential plan approval.
Greystone Homes v. Cake, 135 Cal. App. 4th 1 (2005). Successfully challenged a DIR determination regarding status of project as a public work subject to prevailing wage law.
Port of Oakland v. MACTEC, Inc. Represented an engineering firm in claims by and against the Port regarding capping a former landfill site. Settled following partial summary judgment victory in United States District Court. (N.D. Cal.)
Represented a hospital for the approval of a Master Plan and Development Agreement for a hospital campus expansion, adding 667,434 square feet of medical office buildings, hospital, and related uses.
Represented a commercial property owner with respect to impacts on its office building property of proposed adjacent high-rise condo development, and ongoing representation for entitlement of the condo project redesigned per litigation settlement.
Represented a commercial property owner with respect to impacts of proposed adjacent entertainment complex project in which surplus property was sold by Culver City to the entertainment complex developer without environmental review.
Represented a developer in securing entitlements and environmental review for development of commercial/retail project in the City of Malibu Civic Center.
Obtained a $2 million judgment following a two-week jury trial against a city that had obtained an extraction for traffic mitigation fees from the property owners.
Hospitals and Medical Campus Development. Successfully permitted and defended EIR for new hospital campus in Sonoma County, including defense of land use and CEQA claims. Advised both public and private developers on hospital projects.
Sunol Quarry Litigation. Advised quarry operator on litigation strategy for a ballot measure/CEQA case relating to a proposed quarry expansion in the Sunol area.
Town of Windsor Urban Growth Boundary. Prepared the draft of a general plan amendment text for an initiative ballot measure setting an urban growth boundary for the Town of Windsor.
Represented a mining developer in successfully permitting a new instream mining project on the Russian River, including an innovative adaptive management program to resolve environmental concerns. Successfully defended the project against CEQA challenges, and settled the litigation on favorable terms.
Friends of Sierra Madre v. City of Sierra Madre. Represented the city in the trial court, Court of Appeal, and the California Supreme Court, in an action regarding the question of whether CEQA applies to council-sponsored ballot measures.
Alameda County Measure D Litigation. Represented homebuilders in opposition to Alameda County's Measure D, which established strict urban growth boundary throughout eastern Alameda County. Prepared counter-measure alternative to Measure D, and prosecuted litigation against Measure D through trial court proceedings.
City of San Ramon Measure G Litigation. Represented a homebuilder in litigation challenging the application of "Measure G" (amending the general plan to restrict hillside development, among other things) to limit a housing project proposed in San Ramon.
El Dorado County Measure Y Litigation. Represented a coalition of property owners in challenging the provisions of Measure Y, a growth control and traffic limitation measure in El Dorado County.
University Research Campus. For a national research campus, represented university in formulating and defending environmental impact report for 20-year long range development plan. Legal advice on specific development projects. Prevailed in every CEQA challenge filed over 15-year period.
Alternative Energy Projects. Defended several wind and solar projects in the central valley and desert regions against environmental impact challenges in federal and state court. Assisted project developers with completion of EIR and EIS documents under NEPA and CEQA.
Transmission Lines & Pipelines. Represented proponents of new transmission lines and pipelines in permitting and CEQA review, and in subsequent CEQA litigation successfully defending project approval.
Downtown Master Plans & Projects. Represented public agencies and project applicants in permitting and defending urban master planned projects, including substantial downtown retail and mixed-use projects in Northern and Southern California.
Public Agency CEQA Compliance & Litigation. Represented a variety of cities, counties, and special districts in CEQA compliance and litigation regarding general plans, specific plans, and agency-sponsored projects, including trial and appellate litigation. Projects have included airport and port expansions, rail transit projects, master planned residential projects, and downtown development and redevelopment projects.
Mining Projects. Represented mining clients in valley, foothill, Sierra and North Coast regions in permitting and defending hard rock, terrace and instream mining projects. Successfully settled CEQA litigation challenges, and prevailed in trial and appellate decisions on other projects.
Homebuilders. Represented a variety of homebuilders throughout the state in the permitting and CEQA review for residential development projects. Resolved tribal claims relating to implementation of approved projects. Represent homebuilding organizations in CEQA legislation in Sacramento, and amicus advocacy in appellate courts throughout the state.
In-fill Housing Developments. Advised a number of developers regarding in-fill development, including CEQA review, use of CEQA exemptions, and traffic mitigation and related issues.
Transportation Projects. Represented tribal government in completing the approval, environmental review, and construction of a new interchange to serve tribal lands. Represented local rail authority in preparing EIR for new rail line, and defending EIR at California Public Utilities Commission against legal challenges.
Solid Waste. Represented a variety of landfills and solid waste facilities in local and state permitting for expansions, additional waste streams, and proposed new landfills.
Environmental Cleanups. Advised clients on environmental impact reports for major environmental cleanups, including resolution of environmental mitigation claims.
Represented residential developers in the environmental impact review of master planned communities and subdivisions throughout all regions of California, including condominium communities, proposed new towns, and in-fill subdivisions.
Represented an urban developer in entitlement of major residential tower and museum project in San Francisco, including environmental impact review, entitlements, and approvals from various city commissions and board of supervisors.
Represented a developer of proposed foothill mining project in defense of approved EIR.
Represented a developer of a major Shasta County wind power facility in the entitlement and impact review process, including resolution of Native American cultural resource claims.
Advised public agencies regarding preparation of a joint EIS/EIR for 60,000 acre habitat conservation plan.
Represented a business client in the environmental impact review for groundwater and soils cleanup projects.
Managed preparation of joint EIR/EIS for a major new research university in the Central Valley.
Advised a developer of 18,000 unit residential project on EIS for wetland fill associated with project.
Represented cemetery owners in Northern and Southern California in environmental impact review and approval of expansion and new facilities plans.
Represented a national laboratory in the development, approval, and environmental impact review of 20-year long term development, including successful trial and appellate defense of approved EIR. Also successfully defended EIRs for several individual laboratory and other development projects.
Represented a Northern California railroad in defending CEQA challenges to approval of new freight rail service, including litigation of federal preemption claims.
Represented oil producers in CEQA review for expansion and continued use of existing oil fields and distribution facilities.
Represented the developer of a proposed biofuels pilot project in Emeryville.
Defended EIRs for approved solar and wind projects against CEQA lawsuits throughout valley and desert regions.
Represented a Southern California city in the approval and CEQA review for major downtown development project including regional shopping center, including successful defense of trial court and appellate litigation challenges.
Represented a seniors assisted living developer in obtaining entitlements and environmental impact approvals for seniors housing projects through the state, including projects located in Sacramento, Burlingame, San Dimas, Camarillo, Irvine, Palm Springs, Mission Viejo, and Encinitas.
Defended approved in stream and terrace mining projects in Northern California against CEQA challenges, successfully resolving lawsuits and allowing projects to move forward.
Represented a sovereign tribal government in CEQA and NEPA review for highway interchange to provide access for proposed development of Rancheria land. Defended approved EIR in litigation.
Represented a county in defending a general plan EIR against the first climate change CEQA challenge brought by the Attorney General's office. Successfully settled these lawsuits, preserving the new general plan intact. Represented the county in formulating and adopting a new greenhouse gas reduction plan pursuant to the negotiated settlements.
Represented a national laboratory in responding to climate change comments on the EIR for a long range master plan, successfully defending the climate change analysis and response to comments through the trial and appellate courts.
In connection with several independent projects, represented a large national retailer in the defense of challenges to the CEQA evaluation of the potential impacts of greenhouse gas emissions generated by retail operations.
Represented a major health services company in formulating the strategy for handling climate change claims asserted a new medical campus, including the formulation of mitigation measures and responses to comments.
Represented several mixed-use and residential communities in the preparation of the CEQA evaluation of the potential impacts of greenhouse gas emissions, including in some cases defending challenges to those evaluations in the projects' EIRs.
Advised trade associations in formulating legislative proposals in response to the first wave of climate change lawsuits, and in formulating proposal for regulations governing climate change analysis in EIRs.
Represented business groups in litigation challenging regulations for CEQA analysis of climate change issues adopted by a local air district, including claims relating to the disparate analysis of the regulations on in-fill development.
Represented business organizations in responding to advocacy positions of the California Attorney General on climate changed issues linked to adoption of a sustainable communities strategy pursuant to SB 375.
Represented developers of LEED certified high-rise residential tower in San Francisco.
Assisted national developer with pilot program to obtain LEED certification for neighborhood design proposed to achieve certification on a project-wide basis as well as to achieve certification of many individual buildings.
Represented a developer of a luxury coastal campground and resort in buildout of project, including defense of environmental impact and endangered species lawsuits.
Represented an operator of oil field in Orange County with respect to maintaining Coastal Act exemptions for drilling operations.
Represented a developer of an 80 lot project in the Santa Monica Mountains.
Represented an owner of shopping mall in downtown Santa Monica seeking approvals for mall reconstruction and renovation.
Represented a developer of Newport Beach apartment building seeking to replace it with luxury blufftop condominiums.
Represented an owner of blufftop apartment buildings in Pacifica in obtaining Coastal Development Permits to allow remedial work in response to bluff failures.
Represented a master developer of seven-square mile residential, retail, and resort community in Orange County.
Represented a medical facility in Newport Beach in obtaining approvals for long-term campus expansion.
Represented an oceanfront homeowner in Carlsbad in litigation to obtain Coastal Development Permit.
Represented a public agency in processing its application for approval of a local park in the Coastal Zone.
Represented a developer of seniors' affordable housing community in obtaining approvals for project in Newport Beach and in successfully defending litigation challenging Coastal Commission's approval.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 32 acre mixed-use project, consisting of residential, live-work, and commercial components.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 17 acre office, retail, and 1200 unit residential project within the Platinum Triangle.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 3,200 acre planned community.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a major retail project.
Represented a major picture studio in obtaining a Development Agreement and other entitlements, including CEQA compliance, for the master development of the studio.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 425,000 square foot retail complex.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a residential project.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 400 acre, 2,800 residential unit project.
Prepared a master Development Agreement for a 15,000 unit mixed-use project. Successfully defended litigation brought against the Development Agreement and other entitlements.
Prepared Development Agreements for approximately a dozen properties within the large-scale Rio Mesa planning area.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a boutique hotel, tennis club, and residential units.
Represented a regional hospital in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a major facilities expansion.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for 100 acre, 370-home residential project.
Represented a developer in obtaining a Development Agreement for a 2,600 acre master planned resort community.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for an equestrian community of 39 one acre homesites.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a mixed-use, multi-family project consisting of 278 residential units and 5,000 square feet of commercial space.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 1,600 acre wetlands restoration and residential project.
Represented developers in the development of a 935,000 square-foot lifestyle center and 300-room hotel within the master planned RiverPark mixed-use development. Representation included renegotiation of existing Owner Participation Agreement, Development Agreement, and related entitlements.
Represented a developer in obtaining a Development Agreement for a 322 acre residential project.
Represented a residential developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a major residential project.
Represented developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a master planned residential project.
Represented a master developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a major mixed-use project.
Represented a residential developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a mixed-use residential/retail project.
Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a multi-family project.
Negotiated a Development Agreement for the Mission-Steuart Hotel, a significant new hotel facility along San Francisco's Embarcadero.
Represented a developer with respect to negotiating and implementing a Disposition and Development Agreement, project CC&R's and master disclosure statement for the Hunters Point Naval Shipyard reuse and redevelopment project.
Prepared a master Development Agreement for a 5,170 unit residential project, incorporating the terms of a comprehensive land use settlement agreement with surrounding cities and Contra Costa County.
Represented a religious organization in obtaining a Development Agreement for the construction of a cathedral.
Represented a developer in entitlements, community outreach, and government relations for a Specific Plan, EIR, and Development Agreement for Morgan Ranch, a large residential master-planned community (conventional and age-restricted homes), and open space/environmental preservation.
Prepared and negotiated a Development Agreement for manufacturing facility for a large-scale biotech manufacturing facility.
City of Riverside v. Hunsaker, Riverside Superior Court, Case No. RIC 506079. Successfully caused the City of Riverside to abandon their eminent domain action and obtained 100% of the client's attorney's and expert fees.
Patterson Ranch. Represented a landowner and developer in the development of a 800 unit mixed residential and 30,000 square foot commercial project, with a 10 acre elementary school campus and two church sites in Fremont, including initiative and referendum campaigns relating to the project.
Redwood City Industrial Saltworks. Assisted the developer of a 1,400 acre site in Redwood City in responding to a ballot measure initiated by local and regional no-growth groups. Participated in development of a counter-measure and successful campaign to defeat the no-growth measure.
Lagoon Valley Specific Plan. Represented a builder through entitlements as well as defending the project against a referendum effort and litigation from several opponents. Negotiated a settlement involving preparation of a ballot measure in coordination with the city and Greenbelt Alliance, in order to establish an urban growth boundary throughout the city.
City of Novato Urban Growth Boundary. Advised the City of Novato regarding the formulation of a ballot measure amending the City general plan to adopt an urban growth boundary.
Dyer Mountain Ballot Measure. Represented property owners in preparing a ballot measure for the adoption of a general plan amendment and zoning for a proposed ski resort development. The measure was approved by the Lassen County voters.
Merritt v. City of Pleasanton. Represented a property owner in challenging a referendum on development approvals for the property on the ground that the referendum was inconsistent with the city general plan.
Spring Valley Referendum Campaigns and Litigation. Represented the proponents of the Spring Valley project in Yuba County in referendum and initiative campaigns regarding the project, and in litigation challenging the form of the referendum petitions. The campaign advice included advice regarding signature gathering tactics, withdrawal of petition signatures, and the proper means of addressing improper tactics by project opponents.
Silicon Valley Campuses. Represented major tech firm in litigation challenging and defending the wording of ballot arguments for a proposed referendum on the project.
Yuba County Raceway Initiative. Represented Yuba County in the preparation of an initiative measure that included all required legislative approvals, such as general plan amendment and zoning, for the Yuba County Raceway project.
Represented an oil operator in coastal Orange County with respect to Coastal Act exemption, permitting, and operational issues.
Represented an oil company in entitlement to establish zoning for major gasoline and ethanol distribution center in Los Angeles County.
In connection with its acquisition of the assets of a major oil company, assisted our client in reviewing title for assets located throughout the United States.
Represented (and continue to represent) oil pipeline company in connection with its negotiation of Franchise Agreements and franchise fees in cities and counties throughout California.
Represented oil and biodiesel company in Kern County with subdivision compliance and operational agreements for rail terminal facility.
Represented a mining company in Sonoma County in negotiating a favorable settlement of litigation regarding terrace mining projects.
Represented developers of a Sierra foothills mining project in defending CEQA and Surface Mining and Reclamation Act claims challenging the approval of that project.
Represented a limestone mine in the Sierra foothills in a successful effort to expand the mine, including determination of vested rights and environmental baseline issues. Negotiated and defended an agreement with the local planning department recognizing the company's vested rights and establishing an environmental baseline based upon those vested rights.
Represented geothermal developers in the eastern Sierras regarding permitting and expansion of geothermal facilities.
Represented trade associations in successful effort to establish favorable published precedent regarding thresholds of significance that can be applied to environmental impact evaluation of mining projects.
Litigated environmental baseline standards as applied to existing oil production facilities in Santa Barbara County.
Represented a major oil producer in Los Angeles County in entitlement for comprehensive zoning regulations and standards for an existing 1,100 acre oil field and resolution of concerns from neighbors and nearby jurisdictions. Structured settlement involved the first study of hydraulic fracturing in California oil fields.
Represented major sports team in entitlement for proposed stadium and lifestyle center retail development.
Ongoing representation of a luxury condominium developer in the entitlement of the last significant development in an expired redevelopment area. It is anticipated that the project will include a specialized museum, ground floor retail and a high-rise luxury condominium tower, as well as the restoration of a National Register–eligible commercial building. The project is proposed to be certified LEED Silver. In addition to a purchase agreement with the redevelopment agency, entitlements will include rezoning, Section 309 authorization, an EIR, an airspace subdivision and related approvals.
Represented multiple developers in entitlements for master planned communities throughout California.
Represented multiple renewable energy companies in entitlements for solar, wind, and geothermal projects throughout California.
Represented a seniors housing developer in entitlements for new and renovated seniors housing facilities throughout California.
Represented multiple developers in entitlements for major office/research and development campuses.
Represented a developer in entitlement of the first second-generation development of Marina Del Rey with a 1,200 unit market rate apartment building, including a 50% density bonus, and waterfront facilities.
Represented a developer in the local land use entitlement and state and federal permitting process and environmental remediation process for an approximately 425 acre mill site encompassing one-third of the City of Fort Bragg and three and one-half miles of coastline.
Represented a county in environmental review and approval of new juvenile justice facility.
Represented a property owner in entitlement to redevelop aging commercial and low-density residential property with high-density, mixed-use development, adjacent to an MTA light rail station at LAX, in conjunction with MTA redevelopment of the station.
Represented a state water contractor in efforts to establish the Bay Delta Conservation Plan to address the State's water needs consistent with conservation of protected salmon, steelhead, and other fish species.
Represented a renewable energy trade association in negotiations to develop the Desert Renewable Energy Conservation Plan (DRECP), a habitat conservation plan for renewable energy projects that is expected to cover over 50 million acres in the California Desert.
Represented a city and a county in proceedings to establish the first multi-jurisdictional regional HCP in Northern California, the Natomas Basin HCP. Assisted in the defense and settlement of litigation brought against the plan by environmental groups.
Represented a real estate developer and other business interests in the development of a habitat conservation plan covering most of Eastern Contra Costa County. Served as primary negotiator with wildlife agencies and environmental groups on protections for local development projects under the HCP.
Served as outside counsel to an agency in preparation, environmental review and adoption of land use and resource protection plan for the Lake Tahoe Basin.
Advised conservation groups in efforts to eradicate invasive animal species (pigs and rats) from islands in the Channel Islands and Aleutian Islands, respectively.
Represented a statewide university system in the state and federal permitting of a new research university, including the fill of over 80 acres of waters of the United States, containing habitat for protected invertebrates.
Represented a municipality in responding to the regional conservation strategy under development for the Santa Rosa Plain to address impacts on vernal pool species and the California Tiger Salamander.
Assisted a group of landowners in the state and federal permitting of a specific plan covering approximately 5,000 acres in Placer County and including the fill of over 100 acres of waters of the United States. Also assisting in efforts to develop a county-wide HCP, known as the Placer County Conservation Plan.
Advised more than a half dozen conservation banking firms in establishing wetlands and endangered species banks and turnkey operations throughout California's Central Valley and Southern California.
Assisted a landowner in Shasta County in the development of a safe harbor agreement for Chinook Salmon, the first safe harbor agreement to be entered into by the National Marine Fisheries Service.
Advised more than a dozen wind and solar PV energy companies in endangered species permitting of utility-scale facilities in the California desert and Central Valley. At the cutting edge of regulatory developments under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.
Represented a timber company in environmental review and approval of major timber sale affecting habitat of the Canada Lynx.
Represent a broad array of residential developer and homebuilding companies throughout California in wetlands and endangered species processes associated with the development of master-planned communities.
Litigated through trial an agreement to develop a cemetery and mortuary facility at the former El Toro Marine Corps Air Station ("Heritage Fields” and “Great Parks Neighborhoods").
Processed land use, environmental and regulatory approvals to develop the “Porsche Experience Center" at 53-acre Brownfield site located in the City of Carson.
Processed land use entitlements and regulatory approvals for a 1,135-unit "Ponte Vista" subdivision and mixed-use development project located in the City of Los Angeles.
Processed land use entitlements and approvals for the adaptive reuse of Hollywood's Historic Security Pacific Bank to develop a boutique hotel and entertainment facilities.
Processed land use entitlements and regulatory approvals from Culver City Redevelopment Agency to construct a 12-story 250,000 square foot LEED certified office building located in Corporate Pointe.
Processed land use entitlements and approvals to develop 135-unit mixed-use, transit-oriented development in Culver City at Exposition Light Rail Station.
Processed land use entitlements and approvals and permit extensions to develop a fractional interest for a private residence club located in Mammoth Lakes, California.
Secured land use entitlements and multi-jurisdictional state and federal approvals to develop the Shadowrock destination resort located in Palm Springs, California, including defending litigation initiated by the Sierra Club and the Center for Biological Diversity challenging the project approvals.
Secured land use entitlements and discretionary approvals to expand the Gardens on El Paseo shopping center located in City of Palm Desert, California.
Prosecuted a CEQA challenge against the City of Brea for failure to prepare an EIR in connection with the adoption of a hillside protection ordinance; secured entitlements and environmental clearances to develop Canyon Crest, a 369-acre/250-unit hillside subdivision.
Secured multi-jurisdictional land use entitlements to develop Spring Mountain Ranch and Springbrook Estates, two multi-unit master-planned communities located in Riverside County.
Secured specific plan approvals to develop a multi-phased 300-acre/1,500-unit master-planned community located in Fresno County.
Processed land use entitlements and environmental clearances from the City of Redlands for regional shopping center.
Secured land use entitlements and land use approvals for a variety of condominium conversion and “condo-hotel” projects located throughout Southern California.
Represented a property owner in the acquisition and repositioning of a 650-unit multi-family apartment project in Lakewood, California.
Secured land use entitlements and approvals from Culver City to convert a hospital to an educational campus for developmentally disabled children; following initial entitlements, secured land use approvals to amend the CUP to increase student enrollment.
Opposed the restart of the AES 1950s-vintage power plant located in the City of Huntington Beach; obtained restrictions on permit duration and required sale of energy under contract with California Department of Water Resources.
Successfully opposed siting of a "peaker" power plant in Baldwin Hills State Park impacting unique urban parklands.
Prosecuted an inverse condemnation action against the City of San Diego for regulatory taking of property located in the San Dieguito River Valley.
Prosecuted a breach of contract action against the City of Thousand Oaks for breach of a development agreement.
Prosecuted legal action against the City of Calabasas, the Santa Monica Mountains Conservancy, and the Las Virgines Municipal Water District for breach of a development agreement and vesting tentative tract maps.
Represented owner of commercial property located in historic Hollywood in a CEQA challenge directed to the CRA's findings related to the adequacy of parking facilities.
Defended CEQA challenges against the SCAQMD and the City of Rialto for construction of resource recovery facility.
Defended a property owner in condemnation proceedings brought by the Burbank – Glendale-Pasadena Airport Authority on the grounds that the entity failed to comply with CEQA prior to adopting resolution of necessity.
Prosecuted a mandamus and inverse condemnation action against the City of Irwindale on behalf of the quarry operator arising out of City's unlawful denial of quarry expansion application.
Defeated a CEQA challenge to development in Orange County, which resulted in a published opinion, Silverado Modjeska Recreation and Parks District v. County of Orange, 197 Cal.App.4th 282 (2011).
Defeated CEQA challenges to various types of projects, including infill projects, affordable housing projects, commercial projects, and gaming facilities.
Successfully defended a challenge to a trial court's attorneys' fee decision in a CEQA case concerning a hospital in Sonoma County.
Provided critical research to support the State's successful argument in a case concerning the interpretation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), resulting in a published decision, California Department of Toxic Substances v. Hearthside Residential Corp., 613 F.3d 910 (9th Cir. 2010).
Advise private schools on continuing land use compliance issues.
Advise utility companies on continuing natural resources and CEQA compliance issues.
Advise developers of commercial, residential, educational, and hospital projects in the Bay Area on entitlement strategies and CEQA compliance.
Represented hospital association in connection with City of Inglewood’s grant of special use permit to build psychiatric facility. Trial court granted summary judgment ruling the facility was exempt from CEQA. Court of appeal affirmed.
La Bahia Hotel. Represented developer in obtaining land use entitlements for construction of a 165-room hotel on the Santa Cruz Boardwalk, including successful denial of appeal to Coastal Commission.
Defending legal challenge to the land use entitlements and approvals granted by the City of Los Angeles for the development of the Millennium Hollywood mixed use project located at the Capitol Records site in Hollywood.
Processing land use entitlements and regulatory approvals for the proposed expansion of the Chiquita Canyon landfill in the County of Los Angeles.
Processed land use, environmental and regulatory approvals for the development and use of recycled water at cemetery and mortuary facilities located in Cypress and Covina Hills.
Processing land use entitlements and regulatory approvals for the Martin Expo Town Center, a mixed use, transit oriented development site located in the City of Los Angeles.
Broadcom affiliate CMK LLC (Broadcom), Innovation Place, North San Jose. Represented Broadcom in negotiating entitlements-contingent $207 million acquisition and securing entitlements for 1 million-square-foot office/research and development campus in North San Jose.
Developer, Western SOMA, San Francisco. Represented developer in securing entitlements for a 270,000-square-foot office building in San Francisco’s Western SOMA neighborhood, including an office space allocation under San Francisco’s Proposition M. Building is 100 % pre-leased to a technology tenant.
Corporate User, Irvine. Represented Fortune 500 company in negotiating entitlements-contingent acquisition and securing entitlements for 2 million-square-foot office/research and development campus at Heritage Fields in the City of Irvine.
Netflix Headquarters, Los Gatos. Represented developer in securing entitlements for 485,000-square-foot office campus in Los Gatos, including defending litigation challenges and drafting successful ballot measure in support of project. Project has been partially leased to Netflix for its headquarters.
Joint Venture, North Coyote Valley. Represented venture between developers and Fortune 100 company in securing entitlements for a 6.6 million-square-foot office/research and development complex in San Jose’s North Coyote Valley, including a Development Agreement providing vested rights to develop the project over 20 years. Environmental Impact Report was upheld by the California Court of Appeals.
Medical Office Building, San Francisco. Ongoing representation of medical office building developer in the assignment of entitlements to construct a medical office building within a larger hospital development in San Francisco.
Warm Springs, Fremont. Represented major residential developer in the entitlement of its transit-oriented, mixed-use project in Fremont’s Warm Springs Innovation District. The project will include 2,200 residential units and up to 1.4 million square feet of commercial and industrial space, as well as a new school and urban park.
Alameda Naval Air Station and Fleet Industrial Supply Center, Alameda. Ongoing representation of a major real estate development corporation in acquisition and entitlement of a portion of the former Alameda Naval Air Station and Fleet Industrial Supply Center in Alameda. The first phase of the project consisted of 485 single-family residential units (including affordable duplexes) and 100 affordable apartments, as well as a school and park. The second phase consisted of up to 300 residential units and a 285,000-square-foot shopping center. The final phase will include the redevelopment of the waterfront. The project is a public-private partnership with the City's former redevelopment agency.
Shopping Center Developer, San Jose. Ongoing representation of shopping center developer in south San Jose in processing entitlements for redevelopment of the center.
Shopping Center Developer, San Jose. Represented shopping center developer in securing entitlements for a 365,000-square-foot retail center near San Jose International Airport.
Neiman Marcus, Union Square, San Francisco. Represented Neiman Marcus in securing entitlements for the expansion of its flagship store in San Francisco’s Union Square.
Residential Developer, Fremont. Ongoing representation of major apartment developer in securing approvals for a 600-unit apartment project near a BART station in Fremont.
Residential Developer, Communications Hill Phase 2, San Jose. Represented major homebuilder in securing entitlements for 2,200-unit Communications Hill Phase 2 project in San Jose.
Residential Developer, Yerba Buena, San Francisco. Ongoing representation of condominium developer in the entitlement of a high-rise condominium tower in San Francisco’s Yerba Buena neighborhood. The project will include a specialized museum and ground floor retail and will restore a National Register–eligible commercial building. Representation included successful defense of CEQA and entitlement challenges.
Residential Developer, Fremont. Representation of residential developer in securing entitlements for a 400-unit age-restricted senior housing project in the City of Fremont. The project will include dedication of land for an affordable senior project and construction of a public senior center.
Represented Broadcom affiliate CMK LLC (Broadcom) in the $207 million acquisition and entitlement of Innovation Place, a research and development campus on 26 acres in San Jose, California, from Boston Properties’ affiliate BXP Zanker Road LP (Boston Properties). The campus has four existing buildings and the entitlements allow two more, for a total of over 1M square feet. Broadcom was interested in a substantial buy in the San Jose area to provide consolidated office space for its offices in the Bay Area.