Land Use And Environmental Law

 

  • Sonoma County Community Development Commission

  • Reviewed and provided detailed advice on EIRs and related CEQA documentation for redevelopment plan adoptions and amendments for the Roseland, Springs (Sonoma Valley), and Russian River redevelopment projects; prepared detailed CEQA findings for redevelopment plan adoption.
  • County of Sonoma

  • Analyzed the County’s Draft Environmental Impact Report on a proposed redevelopment plan that was prepared by the City of Santa Rosa; drafted extensive comments on the Draft EIR on behalf of Sonoma County.  Due, in part, to the County's comments on the Draft EIR, the City agreed to reduce the size of the redevelopment project area and to limit the amount of tax increment that it would receive.
  • City of Santa Cruz

  • We drafted complex inclusionary and density bonus ordinances for the City of Santa Cruz.  The inclusionary ordinance includes numerous alternatives to the provision of affordable housing on site and implemented economic recommendations of the City's advisory group.  The density bonus ordinance was designed to be consistent with the changes to State density bonus law.  Both ordinances contained specific provisions to ensure that all proposed affordable housing would be reviewed in a consistent way.
  • City of San Rafael

  • We reviewed the City’s draft Housing Element to ensure compliance with state housing element law and defended its compliance with State law in later litigation.  The Housing Element’s adequacy was upheld in St. Vincent's School for Boys v. City of San Rafael, Cal: Court of Appeal, 1st Appellate Dist., 3rd Div. 2008.
  • City of San Carlos

  • We assisted the City of San Carlos in completing a nexus study showing the impacts of new residential development on the need for affordable housing.  Following completion of the study, we drafted a revised affordable housing and density bonus ordinance for the City that included provisions for a housing trust fund, affordable housing impact fees, and inclusionary housing.
  • City of Salinas

  • We drafted a new mixed-income ordinance for the City of Salinas that includes an innovative three-tier inclusionary requirement, with more flexibility and incentives provided in exchange for higher levels of affordability, after working closely with city staff and a small working group to ensure that the ordinance met the needs of the development and affordable housing communities.  Following the ordinance's adoption, we prepared a set of implementation guidelines that were adopted by the City and documents to implement the ordinance and also drafted a density bonus ordinance for the City.
  • PHR Development

  • Provided assistance to a private developer regarding CEQA and land use issues involving a tentative map and Williamson Act cancellation; utilized Section 15183 exemption for impacts on agricultural land previously reviewed in General Plan Environmental Impact Report.
  • Nonprofit Affordable Housing Developers

  • Frequently assist nonprofit affordable housing developers regarding required CEQA and NEPA review and land use entitlements.
  • County of Napa

  • We worked closely with the County to ensure that its adopted Housing Element complied with state housing element law and defended its compliance with State law in later litigation. The Housing Element’s adequacy was upheld by the Napa County Superior Court in LUNA  v. County of Napa [cite].
  • County of Napa

  • We drafted a revised affordable housing and density bonus ordinance for the County of Napa that included provisions for a housing trust fund, affordable housing impact fees, commercial linkage fees, and inclusionary housing.  The impact fees were based on a nexus study showing the impacts of new residential and commercial development on the need for affordable housing.  We also prepared loan documents for the County for loans to affordable housing developments from the County’s trust fund.
  • County of Monterey

  • We redrafted Monterey County's inclusionary ordinance, one of the longest-existing inclusionary housing programs (over thirty years) to address serious issues regarding enforcement and maintenance of affordability.  Along with the ordinance, Goldfarb & Lipman developed a complete set of new documents for the County to be used by developers and homeowners.
  • Grosvenor Properties

  • Commented on Environmental Impact Reports on Redevelopment Plan Amendments and General Plan Amendments affecting Grosvenor’s proposed development projects in several cities; currently providing representation for developer regarding land use entitlement issues.
  • City of Fremont

  • We drafted the City’s original mixed-income ordinance and completed a comprehensive update that includes a menu of options for compliance.  We also drafted one of the earliest density bonus ordinances in the State that was designed to be consistent with the changes to density bonus law that became effective January 1, 2005.  The ordinance was adopted by the City of Fremont in April 2005.  We also prepared a complete set of documents to implement the ordinance and frequently assist the City by working with developers to implement the ordinance.
  • City of Fremont

  • Provided detailed review of several Environmental Impact Reports, including complex and controversial EIRs regarding major redevelopment plan amendments and a 500-unit project on environmentally sensitive land adjacent to Coyote Hills Regional Park.  In addition have drafted and helped to negotiate development agreements for the City and a complex settlement to an eminent domain action involving approval of land use entitlements and a development agreement. Frequently advise City regarding environmental review required for commercial and affordable housing projects.
  • The DeSilva Group

  • On behalf of a private developer, reviewed and redrafted proposed City of Vallejo findings and resolutions needed to approve a major development project and prepared a development agreement and a Development and Disposition Agreement, both of which the City approved.
  • City of Belmont

  • On behalf of the City of Belmont, analyzed and prepared comments on a Draft Environmental Impact Report prepared by an adjacent city.