California Land Use & Development

California Land Use & Development A COMPREHENSIVE & STRATEGIC APPROACH

With more than 1,000 lawyers in 19 offices across the United States and Asia, Perkins Coie serves great companies ranging in size from start-ups to FORTUNE 50 corporations.

REPRESENTATIVE MATTERS Airport. Representation of the Port of Oakland in CEQA and NEPA compliance for large-scale expansion program at Oakland International Airport. andlestick Point/Hunters Point. Representation C of private developers in negotiating and preparing land use entitlements for reuse and redevelopment of Candlestick Park and Hunters Point, one of San Francisco’s most significant waterfront projects.

Chula Vista Waterfront Development. Representation of Goodrich Corporation in relocation of Goodrich’s aircraft manufacturing plant and redevelopment of Chula Vista Bayfront, addressing issues such as removal of properties from the public trust, CEQA and environmental remediation.

Critical Levee Repairs. Representation of California Department of Water Resources in developing and implementing a long-term planning and permitting strategy for critical levee repairs and improvements to the state’s flood control system.

Master Planned Community. Representation of one of two developers of Dougherty Valley 11,000-unit master-planned community, securing and defending court challenges to local, state and federal approvals.

Port Expansion Projects. Representation of the Ports of Stockton and Oakland in securing all federal, state and local approvals for expansion into and redevelopment of former navy and army bases.

Representation of APL in major terminal expansion at Port of Los Angeles. etail. Representation of owners of Broadway Plaza, R one of the most successful retail centers in the country, providing legal and strategic advice for redevelopment of the center, including the addition of a new Neiman Marcus store that involved three ballot measures and litigation.

San Luis Obispo County Initiative. Representation of developer in drafting a voter initiative to approve a development project and successfully defending the initiative in appellate court.

Solar Energy Projects. Representation of developers in securing federal, state and local permits for the largest thermal and photovoltaic solar projects in California and the first interstate renewable energy transmission line.

Sonoma County Water Case. Representation of county water agency in the first published appellate decision providing standards for legal adequacy of urban water supply plans.

South Coast Air Permitting. Representation of the South Coast Air Quality Management District in overseeing environmental review required to comply with a judgment and successfully defending challenges to that environmental review in trial and appellate courts.

Stanford University. Representation of university in obtaining development approvals for expansion of the core academic campus (2 million net new square feet of academic facilities and 3,000 additional housing units), expansion and replacement of the Stanford University Medical Center, development of a new administrative campus in Redwood City, and building projects at the Stanford Research Park, the SLAC National Accelerator Laboratory, and commercial sites in Menlo Park.

Successfully represented university in CEQA litigation before California Supreme Court.

University of California, Merced. Representation of the University of California in the successful defense of multiple lawsuits challenging the new UC campus and adjacent University Community in Merced.

WHY CHOOSE PERKINS COIE? • Perkins Coie has one of California’s preeminent land use and environmental practices.

Attorneys in our California Land Use & Development group have expertise across the entire spectrum of federal, state and local laws governing development in California. They have the capability to handle the full range of issues involved in project development and permitting as well as land use and environmental litigation.

• Our attorneys are regularly recognized as among the nation’s finest lawyers by publications such as Chambers, Martindale-Hubbell, and Best Lawyers in America.

• We have handled some of the most significant land development projects in the country, including large-scale mixed-use developments; single-family, multi-family and senior housing projects; retail and commercial centers; airport and marine terminals; energy, public utility, transportation and infrastructure projects; military base redevelopment; hospitals; university and college campuses; office and industrial campuses; and sports stadiums.

A comprehensive & strategic approach We are frequently involved at all stages of project development, advising on land use due diligence, long-term strategic planning, retention and supervision of consultants, political groundwork, neighborhood support and opposition, public financing, securing and strengthening entitlements, and planning for and defending entitlement challenges.

We also have extensive experience with real estate transactions, including the acquisition and disposition, leasing, financing, and development of properties, together with related business and corporate matters including entity structure and formation and tax-deferred exchanges.

WE WROTE THE BOOKS Attorneys in the group author some of the best known treatises in the field, including:

These books are regularly cited and relied on by the California Supreme Court and appellate courts in making land use decisions.

• • • • •

Curtin’s California Land Use and Planning Law Practice Under the California Environmental Quality Act California Subdivision Map Act and the Development Process California Administrative Mandamus California Administrative Hearing Practice

ur attorneys also routinely teach courses to developers, public agencies, O consultants and attorneys and have given annual update briefings to our clients for over 21 years.

WE DEFEND ENTITLEMENTS Clients have turned to us to defend entitlements for some of the largest and most controversial development projects in California, including airport and marine terminal expansions, public transit projects, university campus development plans, air pollution control regulations, reservoirs, water supply plans, wastewater treatment plants and residential development projects.

Our extensive experience litigating land use and CEQA matters has given us valuable counseling experience.

Our attorneys understand the cost and risks of litigation and the critical importance of preventive planning.

We have the expertise needed to identify and address potential problems early in the process and to develop a record at the administrative level that can withstand litigation challenges.

REPRESENTATIVE EXPERIENCE • Affordable Housing

• Initiatives and Referenda

• Air Quality Regulation and Permitting

• Land Use Due Diligence

• Annexation and Sphere of Influence Decisions involving LAFCOs

• Local Government Law

• Assessments and Taxes, including Mello-Roos Districts and Proposition 218 • Brown Act (Open Meeting Law) • California Environmental Quality Act (CEQA) • Climate Change and Greenhouse Gas Emissions • Coastal Zone Management Act, McAteer-Petris Act and Coastal Act • Condemnation • Conservation Easements and Other Dedications of Development Rights

• Master-Planned Communities • Military Base Reuse • National Environmental Policy Act (NEPA) • Owner Participation Agreements • Public and Private Improvement Financing Mechanisms • Religious Land Use and Institutionalized Persons Act (RLUIPA) • School Mitigation Agreements and Other School Mitigation Measures • Specific Plans • Subdivision and Parcel Maps

• Design Review and Architectural Review

• Takings (Inverse Condemnation)

• Disposition and Development Agreements

• Use Permits

• Endangered and Threatened Species

• Variances

• Federal Land Policy and Management Act (FLPMA)

• Vested Rights, including Development Agreements and Vesting Tentative Maps

• F ees, Dedications, Exactions and Other Conditions of Approval

• Warren-Alquist Act (California Energy Commission)

• General Plans

• Water Supply Assessments and Verifications

• Geologic Hazard Abatement Districts (GHADs)

• Water Rights

• Green Building and LEED Certification

• Wetlands Permitting

• Historical, Cultural and Archeological Resources

• Williamson Act

• Improvement Agreements

• Zoning Regulations

CALIFORNIA LAND USE AND DEVELOPMENT ATTORNEYS

Louise Adamson

Cecily Barclay

Anne Beaumont

Kathryn Bilder

Marc Bruner

Michelle Chan

Christopher Chou

LAdamson@perkinscoie.com

CBarclay@perkinscoie.com

ABeaumont@perkinscoie.com

KBilder@perkinscoie.com

MBruner@perkinscoie.com

MichelleChan@perkinscoie.com

CChou@perkinscoie.com

+1.415.344.7036

+1.415.344.7117

+1.858.720.5700

+1.415.344.7094

+1.415.344.7171

+1.415.344.7062

+1.415.344.7136

Marie Cooper

Matthew Gray

Julie Jones

Steve Kostka

Allan Low

Jim McTarnaghan

Alan Murphy

MCooper@perkinscoie.com

MGray@perkinscoie.com

JJones@perkinscoie.com

SKostka@perkinscoie.com

ALow@perkinscoie.com

JMcTarnaghan@perkinscoie.com

AMurphy@perkinscoie.com

+1.415.344.7012

+1.415.344.7082

+1.415.344.7108

+1.415.344.7006

+1.415.344.7008

+1.415.344.7007

+1.415.344.7126

Geoff Robinson

Barbara Schussman

Christopher Tom

Ned Washburn

Laura Zagar

GRobinson@perkinscoie.com

BSchussman@perkinscoie.com

CTom@perkinscoie.com

EWashburn@perkinscoie.com

LZagar@perkinscoie.com

+1.415.344.7174

+1.415.344.7168

+1.415.344.7047

+1.415.344.7073

+1.858.720.5748

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Some jurisdictions in which Perkins Coie LLP practices law may require that this communication be designated as Advertising Materials. | February 2015