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
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Represented landowner in CEQA action challenging the county’s approval of Specific Plan amendments, the environmental impact report and development agreement for a large commercial and residential project on neighboring property
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Represented real party in interest and worked with city to defend city’s reliance on CEQA exemptions in approving a mixed-use, transit oriented infill development project
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Obtained approval of new roller coaster for amusement park over significant neighbor opposition and following more than 20 public hearings
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Represented developer and worked with city in the preparation and approval of a joint EIS/EIR for a large residential and commercial development project on real property transferred pursuant to the Defense Base Realignment and Closure Act
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Represented developer in negotiating complex construction, loan, intercreditor and lease agreements for acquisition, financing, construction and leasing of the $72 million mixed-use center, which included a jazz museum, condominiums, restaurants and parking.
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Represented client in dispute involving the State’s claim that real property was subject to the public trust
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Resolved numerous eminent domain cases for a public entity on favorable terms involving complex acquisitions for grade separation projects affecting access, circulation and parking.
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Received favorable court ruling in a case involving a city’s improper suspension of an issued building permit and enactment of an emergency ordinance to prevent construction of the client’s project
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Negotiated acquisition of adjacent surplus land from neighboring public entity to allow clients to maintain and expand their yard and create buffer from incompatible uses
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Obtained a $27 million verdict for a shopping center owner in an eminent domain case involving acquisition of a significant portion of the center’s parking for a transit station
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Representing owners of coastal property, obtained a ruling from the California Court of Appeal, that a State Lands Commission policy restricting coastal development was an illegal, underground regulation and could not be used to prevent the landowners from developing their property. (Bollay v. California Office of Administrative Law, et al., California Court of Appeal Case No. C 063268 (Sacramento County Superior Court Case No. 34-2008-80000072).)
Publications
Impacts of the Bay Area Shelter-In-Place Orders on Development and Related Litigation
03/19/2020 | Client Update
As of March 18, 2020, eleven Bay Area and neighboring counties have issued Shelter-in-Place orders, including Alameda, Contra Costa, Marin, Monterey, San Francisco, Santa Clara, Santa Cruz, San Mateo, and…
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City of Oakland Releases Opportunity Zone Prospectus
06/20/2019 | Client Update
On June 11, 2019, the City of Oakland released an Opportunity Zone prospectus. The 37-page document is intended to describe Oakland’s goals for the federal tax incentive program, highlight the…
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California Housing Bills Impacting 2019
03/01/2019 | Client Update
2019 welcomed a host of new bills in California aimed at the development of housing. Here’s a summary. AB 2923: Transit-Oriented Development on BART-Owned Land (Chiu and Grayson) This legislation…
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BPC Expert Briefing: CEQA Update 2019
11/18/2019 | Bay Planning Coalition
Wendel Rosen is pleased to host the BPC Expert Briefing: CEQA Update on Monday, November 18, 2019 from 8:30 AM – 11:30 AM at Wendel Rosen LLP. Join land use…
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How Oakland is Responding to Opportunity Zones
10/29/2019 | SPUR
Join Land Use Partner Rob Selna on Tuesday, October 29, 2019 who will join a dynamic panel to discuss Opportunity Zones. Event Description The Tax Cuts and Jobs Act of…
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Jobs & Housing Coalition 2019 Legacy Event
09/19/2019 | Jobs & Housing Coalition
Wendel Rosen is proud to sponsor the Jobs & Housing Coalition’s 2019 Legacy Event. The Legacy Event is Oakland’s biggest salute to trailblazing business and civic leaders. In 2019, the…
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Zack Wasserman Comments on Oakland A’s Stadium Development
12/03/2019 | San Francisco Business Times
In the San Francisco Business Times article “A’s try to win at Oakland stadium game,” Partner Zack Wasserman looks at the recent developments affecting the construction of a new stadium…
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Todd Williams Reviews Court Decision Affecting Charter Cities and Housing Laws
12/03/2019 | The Mercury News
Partner Todd A. Williams recently spoke with The Mercury News regarding the Sixth District Court of Appeal’s decision that San Jose and other California charter cities must abide by the…
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Todd Williams Comments on Application and Use of SB 35 Statewide
11/25/2019 | The Mercury News
Following a recent discussion with The Mercury News, Partner Todd A. Williams is quoted in the article “Is California’s most controversial new housing production law working?,” discussing SB 35, a…
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