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
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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Governor Issues Executive Order Suspending CEQA Deadlines for 60 Days and Revising Related Noticing Procedures
06/01/2020 | Wendel Rosen LLP
Note: This article was originally published on 4/30/2020 and was last updated on 6/1/2020. Recognizing the impact of the current COVID-19 pandemic and social distancing on individuals’ and local governments’…
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Clean Water Act Permitting Reaches Groundwater
05/26/2020 | Wendel Rosen LLP
Discharging pollutants to navigable waters has required an NPDES permit under the Federal Clean Water Act for nearly 50 years. Now, pollutants discharged to land that seep in groundwater to…
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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 Wendel Rosen LLP on Tuesday, October 29, 2019 who will join a dynamic panel to discuss Opportunity Zones. Event Details The Tax Cuts and Jobs Act of 2017 established…
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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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Governor Issues Executive Order Suspending CEQA Deadlines for 60 Days and Revising Related Noticing Procedures
06/01/2020 | Wendel Rosen LLP
Note: This article was originally published on 4/30/2020 and was last updated on 6/1/2020. Recognizing the impact of the current COVID-19 pandemic and social distancing on individuals’ and local governments’…
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Amara Morrison Selected to San Francisco Business Times’ Most Influential Women of 2020
05/26/2020 | Wendel Rosen LLP
OAKLAND, Calif., May 26, 2020 – Wendel Rosen LLP, the largest law firm in the East Bay representing businesses throughout the country, congratulates Land Use Partner Amara L. Morrison for…
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Les Hausrath Appointed to Land Trust of Napa County Board of Trustees
05/14/2020 | Wendel Rosen LLP
Wendel Rosen partner Les Hausrath has been appointed to the Land Trust of Napa County Board of Trustees. Established in 1976, the Land Trust of Napa County is a community-based…
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