As land use issues continue to evolve and become more complex, our land use attorneys help clients find creative solutions. We advise private and public sector clients in all aspects of development and permitting, including land use litigation. From small remodeling projects to major residential, commercial, industrial and mixed-use development, we assist on zoning and permitting matters in cities, counties, and special districts throughout California.
Public Hearings and Approvals
Our knowledge of local, regional and state agencies helps us minimize roadblocks. Our attorney team includes current and former board and commission members in Bay Area jurisdictions and regional agencies, former city planners, and advanced degree holders in related land-use fields. This experience provides unique insight for guiding clients through the land use process and representing clients before city councils, boards of supervisors, planning commissions, zoning boards, and commissions.
Supporting the Development Team
We work with client project teams to prepare documentation to obtain land use approvals, including development agreements, tentative and final subdivision maps, complex project applications, conditions of approval, and environmental review documents. Working closely with architects, surveyors, engineers, contractors and others, we help streamline the process. Our practical experience untangling the local, state and federal regulations that govern land use applications (including CEQA, the Subdivision Map Act, and wetlands, air quality, and congestion management regulations) keeps your project on track.
Litigation and Dispute Resolution
Our attorneys are resolution-oriented, using their experience to find creative solutions to complex issues. As needed, we help clients defend their rights through litigation and alternative dispute resolution, including negotiation, mediation, and arbitration. We have successfully represented clients in matters throughout California involving issues related to CEQA, the Subdivision Map Act, exactions and development fees, building moratoria, and similar issues.
From project inception to public approval, we provide legal counsel throughout the land use arena:
- Mixed use projects
- Public/private partnerships
- Residential and commercial condominiums
- Planned unit developments
- Industrial
- Commercial
- Hospitals and medical facilities
- Vineyard development
- Geologic Hazardous Abatement Districts
- Subdivision processing and approval
- Represented one of the largest real estate developers in United States in securing land use approvals for logistic centers – secured approval of a 2 million square foot logistics center in Oakley, CA and Sacramento County, CA.
- Obtained land use entitlements, including CEQA compliance and historic resource issues, for the largest office complex in Oakland of over 1.6 million square feet; project involved drafting and negotiating a disposition and development agreement with the City.
- Secured land use entitlements for two alternative versions of an office tower in downtown Oakland, including one featuring 1.1 million square feet.
- Attained land use entitlements for four separate, large apartment buildings in Downtown Berkeley, each featuring a density bonus, to help address the City’s critical need for student housing.
- Obtained land use entitlements, including CEQA compliance, for the tallest residential tower in Oakland, consisting of over 600 units and utilizing a density bonus.
- Gained land use approvals for five separate projects in Oakland’s Jack London Square featuring over 1,000 apartment units and a hotel.
- Represented the Oakland Athletics in connection with the purchase and redevelopment of the Coliseum site.
- Advised a local government agency in connection with the largest project in California processed under SB 35 (ministerial approval for certain affordable housing projects)
- Obtained land use entitlements, including CEQA compliance, and negotiated construction and management contracts for a 263-room international hotel and 250-unit apartment complex in Silicon Valley.
- Attained initial and revised land use entitlements for six separate apartment tower projects in Downtown Oakland totaling approximately 2,000 units.
- Acted as legal counsel to 10 geological hazard abatement districts (GHADs) in California and advise landowners/developers/local governments in forming and operating GHADs.
- Processed and secured land use approvals for mental health facilities throughout California for a major health care provider.
- Secured land use entitlements for high-density multi-family project in the downtowns of Antioch, Berkeley, Danville, Fairfield, Hercules, Lafayette, Oakland, San Ramon, Vacaville and Walnut Creek to meet public agency’s housing requirements under state law.
- Served as land use counsel to a large Bay Area provider of charter schools.
- Represented recycling and resource recovery company to expand and improve facility in Eastern Contra Costa County.
- Represented numerous developers in obtaining approval on and developing large master planned communities throughout Northern California.
- Represented industrial landowners and facility owners in Alameda and Contra Costa County Counties in obtaining land use approvals to operate and expand their facilities.
- Obtained preliminary entitlements for the West Oakland BART Station (Mandela Station) project including 700+ residential units, 382,460 square feet of office, and 75,000 square feet of retail.
- Served as general counsel for Alameda County Transportation Commission and other Bay Area transportation agencies; assist with environmental clearance, property acquisition and project implementation of significant regional transportation infrastructure improvements, including the $350MM GoPort project.
- Represented Oakland and the World Enterprises to develop affordable housing for formerly incarcerated people and to provide commercial space for for-profit businesses for ownership by such individuals.
- Secured land use entitlements for the first multi-family residential project in the history of the Town of Monte Sereno.
- Served as principal author of development easements chapter for Continuing Education of the Bar (CEB) easement and boundaries treatise, and serve as annual update editor.
- Co-authored national land use book, State & Local Government Land Use Liability (Thomson Reuters), updated annually.
Publications
Webinar: How the “Housing Crisis Act” (SB 330) Can Ease Approvals for Housing Development Projects
10/29/2020 | Wendel Rosen LLP
Todd Williams and Patrick Tuck – experienced attorneys at Wendel Rosen in land use and real estate matters – shared their knowledge on how to use SB 330 to get…
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NEPA’s Turn on the Trump Chopping Block
07/27/2020 | Wendel Rosen LLP
As it has with other environmental laws, the Trump administration has taken aim and fired at the National Environmental Policy Act (“NEPA”). In record time, changes to the regulations proposed…
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Ninth Circuit Finds Oakland’s Attempt to Block Coal Shipments Violated Development Agreement
06/03/2020 | Wendel Rosen LLP
In a decision announced on May 26, 2020, the Ninth Circuit Court of Appeals held that the City of Oakland could not enforce regulations that would have prohibited the shipping…
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Oakland Outlook 2021
03/30/2021 | The Registry
Real Estate Partner Daniel Myers joined key industry leaders at the Oakland Outlook 2021 hosted by The Registry on March 30, 2021. The dynamic panel discussed the real estate outlook…
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How to Prepare Findings and Conditions of Approval
03/26/2021 | League of California Cities
Land Use and Public Agency Partner Patricia Curtin will present at the virtual 2021 Planning Commissioners Academy hosted by the League of California Cities on March 26, 2021. As a…
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Oakland Structures
12/05/2019 | San Francisco Business Times
Wendel Rosen is pleased to sponsor San Francisco Business Times Oakland Structures on Thursday, December 5, 2019 from 7:30 AM – 10:00 AM. Join a panel of developers, policy makers…
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Oakland Planning Commission Approves Final Development Permits for West Oakland BART Station
11/18/2020 | San Francisco Business Times
Photo Courtesy of JRDV Architects Wendel Rosen attorneys Amara Morrison and Todd Williams represented Strategic Urban Development Alliance, a member of the development team BART selected to entitle and develop…
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Wendel Rosen Scores Six “Tier 1” Rankings on Best Law Firms List
11/05/2020 | Wendel Rosen LLP
Wendel Rosen LLP, one of the largest and most widely-recognized law firms in the East Bay, has been named to the 2021 Best Law Firms list published by U.S. News & World…
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Patricia Curtin Named Among 2020 Top Women Lawyers by the Daily Journal
11/04/2020 | Daily Journal
Patricia Curtin, Wendel Rosen Land Use Partner, has been named to the Daily Journal’s list of 2020 Top Women Lawyers in California. The distinction recognizes women at the top of…
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