Arielle O. Harris

Arielle Harris is an attorney whose practice focuses on land use and appellate matters.

Strategic Guidance During the Land Use Entitlement Process

Arielle represents developers, landowners, and public agencies in connection with entitlements and environmental review and permitting for residential and mixed-use projects, transit-oriented infill developments, corporate campuses (including technology and biotechnology), office and industrial parks, retail, military base reuse projects, as well as public infrastructure projects (including water and solar).

She assists clients through all aspects of the administrative land use process, including pre-acquisition due diligence, environmental review pursuant to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), obtaining approvals of general plan amendments, specific plans, subdivision maps, and conditional use permits, negotiating and drafting development agreements and subdivision improvement agreements, as well as post-entitlement matters involving approval of final maps and subdivision improvement agreements, project implementation and compliance, and permit and map extensions. Arielle also regularly advises clients on maximizing protections under the state housing production laws such as the Housing Accountability Act and Density Bonus Law.

Defending Land Use Entitlements and CEQA Determinations & Documents

Arielle also helps project applicants, landowners, and public agencies resolve disputes arising out of the land use entitlement and permitting process. An experienced litigator, she represents clients in administrative hearings as well as in litigation at both the trial and appellate court level. She has successfully resolved cases involving claims under CEQA, the California Planning and Zoning Law, Public Trust Doctrine, as well as cases involving easement disputes, due process claims, and related matters.

Representative Permitting and Entitlement Experience

Residential, Retail, and Research & Development Projects
Assisted developer in obtaining vesting tentative subdivision map and development agreement amendments, as well as CEQA review, for master planned community in City of West Sacramento.

Assisted Fortune 100 technology company with land use and environmental due diligence for acquisition of 60+ acre site for research and development campus in Southern California.

Assisted residential developer with due diligence, land use permitting, and CEQA review for various townhome and single-family home residential developments throughout Northern California.

Assisted real estate investment firm in obtaining land use entitlements and CEQA review for 137 lot residential subdivision in unincorporated Los Angeles County.

Assisted property owner in obtaining conditional use permit for redevelopment of existing property with new retail development project in the City of Richmond.

Assisted residential real estate developer in obtaining land use entitlements for 184-unit mixed-use project in the City of Petaluma, including CEQA review, regulatory permits with the RWQCB and CDFW, creation of a Benefit Assessment District, and trust termination agreement with State Lands Commission.

Data Center, Energy, and Mining Projects
Assisting Fortune 500 company with due diligence, local and state permitting, and CEQA review for data centers throughout Bay Area.

Assisted Fortune 100 technology company with local and state entitlements and CEQA review for data centers in Silicon Valley.

Assisted property owner with land use permitting, subdivision, and CEQA review for development of battery storage facility in Sonoma County.

Advised two aggregate mining operators on all permits and entitlements for mining up to 1.35 million cubic yards of construction-grade alluvial sand from the San Francisco Bay. Advised the clients on completion of the Project EIR with the State Lands Commission and helped secure permits from BCDC and the RWQCB.

Water and Stormwater Projects
Vista Grande Drainage Basin Improvement Project, San Francisco and San Mateo Counties. Represented the City of Daly City on a joint environmental document being prepared under CEQA and NEPA for a $120 million stormwater management and infrastructure project. Advised client on regulatory and permitting requirements for federal special use permits, land use entitlements, coastal development, Section 106 of the NHPA, and sovereign lands administered by the California State Lands Commission.

Camanche Permit Extension, Amador and Calaveras Counties. Advised the East Bay Municipal Utility District, the state CEQA lead agency, on its application to the State Board for an extension of its permit to divert and store up to 125 million gallons per day (140,000 acre-feet per year) of surface water from the Mokelumne River for municipal purposes.

Cadiz Valley Water Conservation, Recovery, and Storage Project, County of San Bernardino. Advised the County, a responsible agency, on evaluation and approval of groundwater pumping project in the Mojave Desert.

Representative Litigation

Defended developer of master planned community against CEQA action filed by pro per litigant challenging approval of vesting tentative subdivision map and development agreement amendments. Obtained a favorable and early settlement.

Brentwood Auto Spa v. City of Brentwood (Contra Costa Superior Court Case No. CIVMSN201171 (2020); First District Court of Appeal Case No. A163380 (2022)). Represented Real Party in Interest, Robinson Oil Corporation against CEQA challenge to City of Brentwood approval of Rotten Robbie gas station and car wash project. Prevailed at trial and on appeal.

City of Los Angeles v. Inyo County, 67 Cal.App.5th 1018 (2021). Represented municipal utility during trial court proceedings in action challenging CEQA exemptions for condemnation of three solid waste landfills and appurtenant water rights in the Owens Valley. Prevailed at trial. Decision upheld on appeal.

Gulli v. San Joaquin Area Flood Control District (San Joaquin County Superior Court Case No. STK-CV-2015-0011880 (2017)). Defended flood control district in action challenging flood control project under Proposition 218, the Political Reform Act, Government code section 1090, and California public contracting laws. Represented flood district in trial court proceedings on demurrer. Trial court sustained the demurrer without leave to amend as to all claims except public contracting claim.

Atherton Cove Property Owners’ Association v. San Joaquin Area Flood Control District (San Joaquin County Superior Court Case No. STK-CV-UWN-2015-0011847 (2016)). Represented flood control district against challenge to flood control project under the Public Trust Doctrine and easement law. Prevailed on demurrer in trial court.

San Francisco Baykeeper, Inc. v. California State Lands Commission (2018) 29 Cal.App.5th 562. Represented leaseholder in action under Public Trust Doctrine challenging sand mining on tide and submerged lands within San Francisco Bay. Court upheld finding by State Lands Commission that mining leases will not impair trust uses.

Delaware Tetra Technologies, Inc. v. County of San Bernardino (2015) 247 Cal.App.4th 352; Center for Biological Diversity v. County of San Bernardino (2015) 247 Cal.App.4th 326. Assisted in defense of County as responsible agency in a total of six coordinated actions challenging groundwater project under CEQA and the County’s Desert Groundwater Management Ordinance. Prevailed at trial and on appeal on all claims in all six cases. Two of the six Court of Appeal opinions were published.

Delaware Tetra Technologies, Inc. v. County of San Bernardino (2016) 247 Cal.App.4th 352. Represented county in defense of two related cases challenging a pre-project MOU regarding the Cadiz Valley Water Conservation, Recovery and Storage Project. Actions asserted claims under CEQA, the County’s Desert Groundwater Management Ordinance, and principles of California water law. Prevailed at trial and on appeal.

Center for Biological Diversity v. County of San Bernardino (2016) 247 Cal.App.4th 326. Represented county in two related cases in defense of CEQA action challenging an EIR for the Cadiz Project. Prevailed at trial and on appeal.

San Francisco Baykeeper v. Cal. State Lands Commission (2015) 242 Cal.App.4th 202. Represented leaseholder in action challenging State Lands Commission’s approval of lease extensions for sand mining operations under CEQA and the Public Trust Doctrine. Prevailed on all CEQA claims at trial and on appeal. As to Public Trust Doctrine claim, assisted with swift filing of Return and Motion to Discharge Peremptory Writ to address state’s procedural error. Trial court granted motion discharging writ.

Honors & Recognitions

Northern California Super Lawyers, 2023-2025

Professional Affiliations

Bay Area Council

Bar Association of San Francisco, Environmental Law Section, Advisory Board

Bay Planning Coalition (BPC), Executive Committee and Board Member

Building Industry Association of the Bay Area (BIA Bay Area)

California Building Industry Association (CBIA)

East Bay Leadership Council, Board Member

State Bar of California, Environmental Law Section

Urban Land Institute